Housing and Planning Act 1986

7 For section 101 of the Town and Country Planning Act 1971 (urgent works for preservation of unoccupied buildings) substitute—

“101 Urgent works to preserve building.

(1) Where it appears to the local authority or the Secretary of State that works are urgently necessary for the preservation of—

(a) a listed building, or

(b) a building in respect of which a direction has been given by the Secretary of State that this section shall apply,

they or he may, subject to the following provisions of this section, execute the works, which may consist of or include works for affording temporary support or shelter for the building.

(2) The ground on which the Secretary of State may give a direction that this section shall apply to a building is that the building is in a conservation area and it appears to him that its preservation is important for maintaining the character or appearance of the conservation area.

(3) If the building is occupied works may be carried out only to those parts which are not in use; and no action may be taken in respect of an excepted building within the meaning of section 58(2) of this Act

(4) The owner of the building shall be given not less than seven days' notice in writing of the intention to carry out the works and the notice shall describe the works proposed to be carried out.

(5) The Historic Buildings and Monuments Commission for England have the following functions under this section—

(a) as respects buildings in Greater London the Commission have concurrently with the relevant London borough council the functions of a local authority;

(b) the Secretary of State shall consult the Commission before giving a direction under subsection (1)(b) in respect of a building in England ; and

(c) if it appears to the Secretary of State in accordance with subsection (1) that works are required for the preservation of a building in England, he shall not himself carry out the works but shall instead authorise the Commission to do so, specifying the works in the authorisation, and it shall be for the Commission to give notice to the owner under subsection (4).

101A Recovery of expenses of works under s. 101.

(1) This section has effect for enabling the expenses of works executed under section 101 of this Act to be recovered by the authority who carried out the works, that is, the local authority, the Historic Buildings and Monuments Commission for England or the Secretary of State or, in the case of works carried out by the Historic Buildings and Monuments Commission for England on behalf of the Secretary of State, by the Secretary of State.

(2) The authority or, as the case may be, the Secretary of State may give notice to the owner of the building requiring him to pay the expenses of the works.

(3) Where the works consist of or include works for affording temporary support or shelter for the building—

(a) the expenses which may be recovered include any continuing expenses involved in making available the apparatus or materials used, and

(b) notices under subsection (2) in respect of any such continuing expenses may be given from time to time.

(4) The owner may within 28 days of the service of the notice represent to the Secretary of State—

(a) that some or all of the works were unnecessary for the preservation of the building,

(b) in the case of works for affording temporary support or shelter, that the temporary arrangements have continued for an unreasonable length of time, or

(c) that the amount specified in the notice is unreasonable or that the recovery of it would cause him hardship,

and the Secretary of State shall determine to what extent the representations are justified.

(5) The Secretary of State shall give notice of his determination, the reasons for it and the amount recoverable—

(a) to the owner of the building, and

(b) to the local authority or the Historic Buildings and Monuments Commission for England, if they carried out the works.”.