Can the council force me to repair my listed properties?

3 December 2012

I own two listed properties, Grade I and Grade II. I understand that the council can enforce repairs, but what legislation can they use to enforce upkeep?

Answers

The legislation is the 1990 Planning (Listed Buildings and Conservation Areas) Act. In taking enforcement action, a local authority will consider the policy guidance contained in a document called ‘PPG 15: Planning and the Historic Environment’. Local authorities have “powers to take action where a historic building has deteriorated to the extent that its preservation may be at risk”. This is only likely to happen if a listed building is allowed to fall into a very bad state.

Then there are two other possibilities:

An Urgent Works Notice: This is for unoccupied buildings, or parts not in use. It should involve the minimum urgently needed to put the building in a sound and weathertight condition. If the work is not done the authority can enter the land and complete the work by default having given 24 hours’ notice.
Repairs Notice: This involves more extensive work, and it is generally taken that the building should be put back into its condition at the time of listing, or otherwise into a reasonable state. A Repairs Notice is technically a preliminary step towards compulsory purchase, although local authorities usually see it as a last resort.

3 December 2012

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