Heritage at Risk

A Repairs Notice can be served under Section 48 of the Planning (Listed Buildings & Conservation Areas) Act 1990, only in relation to a listed building.

The Notice requires the building owner to comply with a schedule of works, which can be used to put the building back into the condition as of the date of listing.

The works allow for a much more comprehensive repairs scheme than the Urgent Works Notice.

Once served, the owner has two months to demonstrate that he / she is progressing works. If the Council is not convinced of the level of progress on site, the method of enforcing this notice is to make a Compulsory Purchase Order (CPO).

The compulsory purchase power is provided under Section 47 of the Planning (Listed Buildings and Conservation Areas) Act 1990. This provides for the compulsory acquisition of a listed building in need of repair, and is usually the last resort to secure a listed building.

It is usual in such cases for the Council to identify a development partner, usually a Building Preservation Trust or other such charity, which would receive the property if the CPO was successful, to begin repairs and identify a new use.

Once made, the CPO needs to be confirmed by the Secretary of State, which usually follows a public inquiry where both sides state their case.