Building preservation notices

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Go back to Building preservation notices summary

These are the questions we answer during the Screen stage.

Answering them wil help us learn more about the Building preservation notices consideration, determine if a data standard is required and whether we know enough to move on to the next stage.

  • 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