Certificate of immunity

Screen

Stages

Go back to Certificate of immunity summary

These are the questions we answer during the Screen stage.

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

  • What is the 'Certificate of immunity' consideration?

    A guarantee that a building or buildings will not be newly listed or given a building preservation notice for the next 5 years.

  • Is there legislation that defines 'Certificate of immunity'?

    Yes

    • What is the legislation that defines 'Certificate of immunity'?

      Planning (Listed Buildings and Conservation Areas) Act 1990, Section 6 - “Issue of certificate that building not intended to be listed”

      “The Secretary of State may, on the application of any person, issue a certificate stating that the Secretary of State does not intend to list a building situated in England.] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The issue of [a certificate under subsection (A1).] in respect of a building shall— preclude the Secretary of State for a period of 5 years from the date of issue from exercising in relation to that building any of the powers conferred on him by section 1; and preclude the local planning authority for that period from serving a building preservation notice in relation to it.”

    • What is the specific part of the legislation that describes how a 'Certificate of immunity' gets designated?

      Planning (Listed Buildings and Conservation Areas) Act 1990, Section 6 - “The Secretary of State may, on the application of any person, issue a certificate stating that the Secretary of State does not intend to list a building situated in England.”

      Enterprise and Regulatory Reform Act 2013, Explanatory Note 438 - “a COI can be applied for at any time for a building situated in England.”

    • What is the specific part of the legislation that requires the publication of 'Certificate of immunity'?

      There is no legislation which requires the publication of this data.

  • Who, in law, is responsible for the planning consideration or makes decisions about 'Certificate of immunity'?

    SoS DCMS

  • Which organisations do we think should publish the data?

    • Historic England

  • Is the Certificate of immunity a trigger?

    Yes

    • What needs to be done because Certificate of immunity has acted as the trigger?

      Further research is required to pinpoint what certificates of immunity might trigger. Initial research points towards it not triggering anything.

  • Is the Certificate of immunity something to consult during plan making?

    Yes

    • Provide information about when Certificate of immunity is used during plan making

      Further research is required to assess what certificates of immunity might help consult.

  • Is there any Certificate of immunity data already available?

    Yes

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

    N / A

  • Will a data standard be required?

    No