Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

3 Temporary listing: building preservation notices. U.K.

(1) If it appears to a planning authority that a building in their district which is not a listed building—

(a) is of special architectural or historic interest, and

(b) is in danger of demolition or of alteration in such a way as to affect its character as a building of such interest,

they may serve on the owner, lessee and occupier of the building a notice (in this Act referred to as a “building preservation notice”).

(2) A building preservation notice shall—

(a) state that the building appears to the planning authority to be of special architectural or historic interest and that they have requested [F1 Historic Environment Scotland] to consider including it in a list compiled or approved under section 1, and

(b) explain the effect of subsections (3) to (5) and Schedule 2.

(3) A building preservation notice—

(a) shall come into force as soon as it has been served on the owner, lessee and occupier of the building to which it relates, and

(b) subject to subsection (4), shall remain in force for 6 months from the date when it is served or, as the case may be, last served.

(4) A building preservation notice shall cease to be in force if [F2 Historic Environment Scotland] —

(a) includes the building in a list compiled or approved under section 1, or

(b) notifies the planning authority in writing that [F3 it] does not intend to do so.

(5) While a building preservation notice is in force with respect to a building, the provisions of this Act (other than section 53) and the principal Act shall have effect in relation to the building as if it were a listed building.

(6) If, following the service of a building preservation notice, [F4 Historic Environment Scotland] notifies the planning authority that [F5 it] does not propose to include the building in a list compiled or approved under section 1, the authority—

(a) shall immediately give notice of [F6 Historic Environment Scotland's] decision to the owner, lessee and occupier of the building, and

(b) shall not, within the period of 12 months beginning with the date of [F7 Historic Environment Scotland's] notification, serve another building preservation notice in respect of the building.

Textual Amendments

F1 Words in s. 3(2) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 5(a) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F2 Words in s. 3(4) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 5(b)(i) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F3 Word in s. 3(4)(b) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 5(b)(ii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F4 Words in s. 3(6) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 5(c)(i) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F5 Word in s. 3(6) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 5(c)(ii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F6 Words in s. 3(6)(a) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 5(c)(iii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F7 Words in s. 3(6)(b) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 5(c)(iii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

Modifications etc. (not altering text)

C1 S. 3 savings for effects of 2014 asp 19, Sch. 3 para. 5 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 14