Housing Act 1985

305 Building becoming listed when subject to compulsory purchase for clearance. E+W

(1) Where a building [F1 in England] to which a compulsory purchase order under section 290 applies (acquisition of land for clearance) becomes a listed building at any time after the making of the order, the authority making the order may, within the period of three months beginning with the date on which the building becomes a listed building, apply to the Secretary of State (and only to him) [F2 for his consent under section 8 of the Planning (Listed Buildings and Conservation Areas) Act 1990] to the demolition of the building.

[F3 (1A) Where a building in Wales to which a compulsory purchase order under section 290 applies becomes a listed building at any time after the making of the order, the authority making the order may, within the period of three months beginning with the date on which the building becomes a listed building, apply to the Welsh Ministers (and only to them) for their consent under section 89 of the Historic Environment (Wales) Act 2023 to the demolition of the building.]

(2) If the authority have not served notice to treat in respect of the building under section 5 of the M1 Compulsory Purchase Act 1965, they shall not do so unless and until the Secretary of State gives [F4 , or (as the case may be) the Welsh Ministers give,] that consent.

(3) The following provisions of this section have effect where—

(a) an application for such consent is made and refused, or

(b) the period for making an application expires without the authority having made an application;

and in those provisions “the relevant date” means the date of the refusal or, as the case may be, the expiry of that period.

(4) If at the relevant date—

(a) the building has not vested in the authority, and

(b) no notice to treat has been served by the authority under section 5 of the M2 Compulsory Purchase Act 1965 in respect of an interest in the building.

the compulsory purchase order shall cease to have effect in relation to the building and, where applicable, the building shall cease to be comprised in a clearance area.

(5) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where subsection (4) does not apply, the authority shall cease to be subject to the duty imposed by section 291 (method of dealing with land acquired for clearance) to demolish the building, and—

(a) if the building or an interest in it is vested in the authority at the relevant date, it shall be treated in the case of a [F6 residential building] as appropriated to the purposes of Part II of this Act (provision of housing accommodation) and in any other case as appropriated to the purposes of [F7 Part IX of the Town and Country Planning Act 1990] (planning purposes);

(b) in relation to an interest in the building which has not at the relevant date vested in the authority, the compulsory purchase order has effect in the case of a [F6 residential building] as if made and confirmed under Part II of this Act and in any other case as if made and confirmed under [F7 Part IX of the Town and Country Planning Act 1990].

(7) No account shall be taken for the purposes of section 4 of the Compulsory Purchase Act 1965 (time limit for completing compulsory purchase) of any period during which an authority are prevented by this section from serving a notice to treat under section 5 of that Act.

[F8 (8) In this section “residential building” has the same meaning as in section 289. F9 . . . ]

Textual Amendments

F1 Words in s. 305(1) inserted (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 68(a) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

F2 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 71(3)(a)

F3 S. 305(1A) inserted (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 68(b) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

F4 Words in s. 305(2) inserted (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 68(c) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

F5 S. 305(5) repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art. 2(1)(e)(v) (with Sch.); S.I. 2006/1535, art. 2(c)(v) (with Sch.)

F6 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 33(2)

F7 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 71(3)(b)

F8 S. 305(8) inserted by Local Government and Housing Act 1989 (c.42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 33(3)

F9 Words in s. 305(8) repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art. 2(1)(e)(v) (with Sch.); S.I. 2006/1535, art. 2(c)(v) (with Sch.)

Marginal Citations

M1 1965 c. 56.

M2 1965 c. 56.