Listed buildings enforcement and criminal liability regime in England

Published by a LexisNexis Planning expert
Practice notes

Listed buildings enforcement and criminal liability regime in England

Published by a LexisNexis Planning expert

Practice notes
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There are three ways in which a local planning authority (LPA) may take enforcement action against unauthorised works, or potential/impending future unauthorised works, to a listed building:

  1. through service of a listed building enforcement notice, and/or

  2. through service of a temporary stop notice

  3. through a prosecution, and/or

  4. seeking an injunction

Whether or not an LPA takes enforcement action, unauthorised works also constitute a criminal offence.

For more guidance about listed buildings in general, see Practice Note: Listed building regime and listed building consent in England.

The National Planning Policy Framework confirms that heritage assets are an irreplaceable resource and should be conserved in a manner appropriate to their significance so that they can be enjoyed for their contribution to the quality of life of existing and future generations. The enforcement regime is an essential part of such protection.

What constitutes unauthorised works to a listed building and offences

Section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A 1990) states that no person shall execute

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Jurisdiction(s):
United Kingdom
Key definition:
Listed definition
What does Listed mean?

In the context of the Listing Rules, admitted to the Official List maintained by the FCA in accordance with section 74 of FSMA 2000.

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