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Planning consideration

Building preservation notices

A notice to stop un-listed buildings of special architectural or historic interest from being demolished or altered in a way that affects the character of the building

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Legislation
Expected number of records
2
Frequency of updates
Fortnightly
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Background information

Each planning consideration we work on passes through the stages of our design process, where we research and answer specific questions to help us collect more information.

Backlog

  • Who asked for 'Building preservation notices' data?

    This dataset is closely linked with the Listed building dataset (a constraint for PlanX), and so this was identified as a dataset likely to add quick value to the platform.

  • What is the driver for the request?

    Existing planning requirement

  • Which 2024 focus area does the request support?

    • Modern planning software

Screen

  • What is the 'Building preservation notices' consideration?

    A notice to stop un-listed buildings of special architectural or historic interest from being demolished or altered in a way that affects the character of the building.

  • Is there legislation that defines 'Building preservation notices'?

    Yes

    • What is the legislation that defines 'Building preservation notices'?

      Planning (Listed Buildings and Conservation Areas) Act 1990, section 3 - “Temporary listing [in England]: building preservation notices”

    • What is the specific part of the legislation that describes how a 'Building preservation notices' gets designated?

      Planning (Listed Buildings and Conservation Areas) Act 1990, section 3 -

      (2) A building preservation notice served by a local planning authority [under this section] shall— state that the building appears to them to be of special architectural or historic interest and that they have requested the Secretary of State to consider including it in a list compiled or approved under section 1; and explain the effect of subsections (3) to (5) and Schedule 2. (3) A building preservation notice [under this section] — shall come into force as soon as it has been served on both the owner and occupier of the building to which it relates; and subject to subsection (4), shall remain in force for six months from the date when it is served or, as the case may be, last served.

    • What is the specific part of the legislation that requires the publication of 'Building preservation notices'?

      Planning (Listed Buildings and Conservation Areas) Act 1990, section 3 -

      “(5) While a building preservation notice [under this section] is in force with respect to a building, the provisions of this Act (other than section 59) and the principal Act shall have effect in relation to the building as if it were a listed building.” This suggests that the publication will have to be the same as that of a Listed building. Chapter 1, Section 2 - “Publication of Lists” https://www.legislation.gov.uk/ukpga/1990/9/section/2 (4) The Secretary of State shall keep available for public inspection free of charge at reasonable hours and at a convenient place, copies of all lists and amendments of lists, compiled, approved or made by him under section 1. (5) Every authority with whom copies of any list or amendments are deposited under this section shall similarly keep available copies of so much of any such list or amendment as relates to buildings within their area.

  • Who, in law, is responsible for the planning consideration or makes decisions about 'Building preservation notices'?

    Local Planning Authorities

    SoS DCMS

  • Which organisations do we think should publish the data?

    • Historic England

  • Is the Building preservation notices a trigger?

    Yes

    • What needs to be done because Building preservation notices has acted as the trigger?

      • Heritage statement
      • Structural survey
      • Lighting assessment
      • Archaeological assessment
      • Listed building consent

  • Is the Building preservation notices something to consult during plan making?

    Yes

    • Provide information about when Building preservation notices is used during plan making

      Further research is required to confirm whether building preservation notice data and information would be consulted in the completion of listed building consent applications.

  • Is there any Building preservation notices data already available?

    Yes

  • Do we think the data should come from a single source?

    Yes

  • Will a data standard be required?

    No

Research

  • Do we understand the lifecycle of a Building preservation notices?

    Yes

    • Document a stage of the high-level lifecycle of a Building preservation notices

      • Item 1

        name
        BPN comes into force
        actors
        LPA, Owner, Occupier
        impact
        The property is now treated as though it were a listed building
        output
        Building Preservation Notice
        description

      • Item 2

        name
        Consideration for adding to the list
        actors
        LPA, SoS DCMS
        impact
        BPN becomes a listing, or ceases
        output
        description

      • Item 3

        name
        Building listed
        actors
        SoS
        impact
        Building becomes permanently listed
        output
        Listing
        description

      • Item 4

        name
        Building not listed
        actors
        SoS DCMS, LPA, Owner, Occupier
        impact
        Owner and occupier notified of decision to not list, cannot serve a BPN for 12 months on same property
        output
        description

  • Do we understand how the data is created/produced?

    We do not yet know how Historic England produces their data, and this is something we need to research further and clarify. When it comes to LPAs producing their building preservation notice data individually, we expect that they will use: use OS basemap data to place point data to provide to HE (although this needs confirming) use OS basemap data from Mastermap to complete their polygons as accurately as possible

  • Where will or should the data be used?

    Knowing about a building with a BPN will impact the information an applicant will need to provide to gain listed building consent.

    • Listed buildings
    • Certificate of immunity

  • Who are the statutory consultees for Building preservation notices?

  • Other than the statutory consultees who are the primary users of Building preservation notices? How do we expect them to use Building preservation notices?

  • What are the planning needs for this data?

  • Who are the types of users who might benefit from having access to Building preservation notices data?

  • What are some potential uses of Building preservation notices data?

  • What's the value of adding Building preservation notices data to the platform?

  • From what we have learnt so far are there any risks to making Building preservation notices data available?

    N / A

1 update

Last updated: 2025-04-24 13:42:47