Part IE+W Listed Buildings

Chapter VE+W Prevention of Deterioration and Damage

Modifications etc. (not altering text)

C1Pt. I Ch. V (ss. 47–49): power to apply conferred by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 243(3)(b)

Urgent preservationE+W

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.

[F1(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.]

F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1S. 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)

C2Chs. 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)