Planning Act (Northern Ireland) 2011

Acts causing or likely to result in damage to listed buildings

103.—(1) Where a building, not being a building excluded by subsection (8) of section 85 from the operation of that section, is included in a list compiled under section 80, then, if any person who, but for this section, would be entitled to do so—

(a) does or permits the doing of any act which causes or is likely to result in damage to the building (other than an act for the execution of excepted works); and

(b) does or permits the act with the intention of causing such damage,

that person shall be guilty of an offence and liable—

(i) on summary conviction to a fine not exceeding the statutory maximum; or

(ii) on conviction on indictment, to a fine.

(2) In subsection (1) “excepted works” means—

(a) works authorised by planning permission granted in pursuance of an application under this Act; or

(b) works for which listed building consent has been given under this Act.

(3) Where a person convicted under this section fails to take such reasonable steps as may be necessary to prevent any damage or further damage resulting from the offence, that person shall be guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 5 on the standard scale for each day on which the failure continues.