Planning (Listed Buildings and Conservation Areas) Act 1990

54 Urgent works to preserve F1 ... listed buildings. E+W

(1) A local authority may execute any works which appear to them to be urgently necessary for the preservation of a listed building in their area.

(2) If it appears to the Secretary of State that any works are urgently necessary for the preservation of a listed building—

(a) if the building is in England, he shall authorise the Commission to execute any works specified in the authorisation which appear to him to be urgently necessary for its preservation; or

(b) if the building is in Wales, he may himself execute any works which appear to him to be urgently necessary for its preservation.

(3) The works which may be executed under this section may consist of or include works for affording temporary support or shelter for the building.

(4) If [F2 , in the case of a building in England,] the building is occupied works may be carried out only to those parts which are not in use.

[F3 (4A) If, in the case of a building in Wales, the whole or part of the building is in residential use, works may be carried out only where they would not interfere unreasonably with that use.]

(5) The owner of the building must be given not less than seven days notice in writing of the intention to carry out the works and, in the case of works authorised under subsection (2)(a), the Commission shall give that notice.

[F4 (5A) Where the works are to be executed to a building in Wales the whole or part of which is in residential use, the occupier of the building must also be given not less than seven days' notice in writing of the intention to carry out the works.]

(6) A notice under subsection (5) [F5 or (5A)] shall describe the works proposed to be carried out.

(7) As respects buildings in Greater London, the functions of a local authority under this section are exercisable concurrently by the Commission and the relevant London borough council.

Textual Amendments

F1 Word in s. 54 heading omitted (21.5.2016) by virtue of Historic Environment (Wales) Act 2016 (anaw 4), ss. 30(5), 41(2)

F2 Words in s. 54(4) inserted (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 30(1), 41(2)

F3 S. 54(4A) inserted (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 30(2), 41(2)

F4 S. 54(5A) inserted (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 30(3), 41(2)

F5 Words in s. 54(6) inserted (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 30(4), 41(2)

Modifications etc. (not altering text)

C1 Chs. I, II (ss. 1-26) and IV (ss. 38-44) of Pt. I, ss. 54-56, 59-61, 66, 68-72, 74-76 and 88: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(b); S.I. 1993/2762, art.3.

S. 54: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table A27

S. 54 extended (with modifications)(19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 13(4)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

C2 S. 54: functions made exercisable concurrently (1.2.2005) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 2, 25(1)(2)(xxxii) (with art. 35)

C3 S. 54: functions made exercisable concurrently (1.2.2005) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 2, 25(1)(2)(xxxii) (with art. 35)

C4 S. 54 restricted (22.7.2008) by Crossrail Act 2008 (c. 18), s. 16(1), Sch. 9 paras. 1(1)(d)(3), 2(1)(d)

C5 S. 54 restricted (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 18 para. 2(2)(d)

C6 S. 54 restricted (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 18 para. 1(2)(d)