Historic Environment (Wales) Act 2023

79 Interim protection pending decision whether to list building E+W

(1) This section applies where the Welsh Ministers serve notice under section 78(1) of a proposal to list a building.

(2) From the beginning of the day specified under section 78(3)(b)(ii), this Act (except sections 118 and 137 to 142) and the Town and Country Planning Act 1990 (c. 8) have effect in relation to the building as if it were a listed building.

(3) The protection conferred by virtue of subsection (2) is referred to in this Part as “interim protection”.

(4) The Welsh Ministers must—

(a) publish a list of the buildings subject to interim protection, and

(b) provide a copy of the notice served under section 78(1) in respect of such a building to any person who requests one.

(5) Interim protection ends in relation to a building—

(a) where the Welsh Ministers list the building, at the beginning of the day specified in the notice under section 77(1);

(b) where the Welsh Ministers decide not to list the building, at the beginning of the day specified in a notice served on—

(i) every owner and occupier of the building, and

(ii) every planning authority in whose area the building is situated.

(6) Schedule 7 makes provision about the effect of interim protection coming to an end under subsection (5)(b).

(7) This section does not apply to a building which is a scheduled monument.

Commencement Information

I1 S. 79 not in force at Royal Assent, see s. 212(2)

I2 S. 79 in force at 4.11.2024 by S.I. 2024/860, art. 3(b)