Planning (Listed Buildings and Conservation Areas) Act 1990

Urgent preservationE+W

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) [F5or (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

F1Word in s. 54 heading omitted (21.5.2016) by virtue of Historic Environment (Wales) Act 2016 (anaw 4), ss. 30(5), 41(2)

Modifications etc. (not altering text)

C1Chs. 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)

55 Recovery of expenses of works under s. 54.E+W

(1)This section has effect for enabling the expenses of works executed under section 54 to be recovered by the authority who carried out the works, that is to say the local authority, the Commission or the Secretary of State or, in the case of works carried out by the Commission on behalf of the Secretary of State, the Secretary of State.

(2)That authority 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; or

(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

(d)that the recovery of that amount 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)if the authority who gave notice under subsection (2) is a local authority or the Commission, to them.

[F6(5A)Where the Welsh Ministers make a determination under subsection (4), the owner of the building or (if it is given notice under subsection (5)) the local authority may, within 28 days of the service of the notice under subsection (5), appeal to the county court against the decision.

(5B)In the case of a building in Wales, as from the time when the notice under subsection (2) becomes operative, the expenses which an authority may recover under this section carry interest at such rate as the Welsh Ministers may prescribe by order until recovery of all sums due under this section; and the expenses and any interest are recoverable by the authority as a debt.

(5C)As from that time, the expenses and any interest are, until recovery, a charge on the land on which the building stands.

(5D)The charge takes effect at that time as a legal charge which is a local land charge.

(5E)For the purpose of enforcing the charge, the authority have the same powers and remedies under the Law of Property Act 1925 and otherwise as if they were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.

(5F)The power of appointing a receiver is exercisable at any time after the end of the period of one month beginning with the date on which the charge takes effect.

(5G)For the purposes of subsections (5B) to (5F), the notice becomes operative—

(a)where no representations are made under subsection (4) within the period referred to in that subsection, at the end of that period;

(b)where representations are made as mentioned in paragraph (a) but no appeal against the determination under subsection (4) is made under subsection (5A) within the period referred to in that subsection, at the end of that period;

(c)where an appeal is made as mentioned in paragraph (b) and the decision on the appeal confirms the determination under subsection (4) (with or without variation), at the time of the decision;

(d)where an appeal is made as mentioned in paragraph (b) but is withdrawn, at the time of the withdrawal.]

F7(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6S. 55(5A)-(5G) inserted (4.5.2017 for specified purposes, 31.5.2017 in so far as not already in force) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 30(6), 41(3); S.I. 2017/633, arts. 2, 5(d) (with art. 6(4))

Modifications etc. (not altering text)

C7Chs. 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. 55 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)

56 Dangerous structure orders in respect of listed buildings. E+W

Before taking any steps with a view to—

(a)the making of an order in respect of a listed building under section 77(1)(a) of the M1Building Act 1984 or section 65 or 69(1) of the London Building Acts (Amendment) Act 1939; or

(b)the M2service of a notice under section 79(1) of that Act of 1984 or section 62(2) of that Act of 1939,

a local planning authority shall consider whether they should instead exercise their powers under sections 47 and 48 or section 54.

Modifications etc. (not altering text)

C10S. 56 applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

C11Chs. 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.

Marginal Citations