Historic Environment (Wales) Act 2023 (asc3)

Prospective

PART 3 E+W BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST

CHAPTER 1 E+W LISTING BUILDINGS OF SPECIAL INTEREST

List of buildings E+W

76 Duty to maintain and publish list of buildings E+W

(1) The Welsh Ministers must maintain a list of buildings which must include every building in Wales they consider to be of special architectural or historic interest, and must publish the up-to-date list.

(2) The Welsh Ministers may amend the list by—

(a) adding a building,

(b) removing a building, or

(c) amending the entry for a building.

(3) In considering whether a building should be included in the list, the Welsh Ministers may take into account not only the building itself but also—

(a) any way in which the exterior of the building contributes to the architectural or historic interest of any group of buildings of which it forms part, and

(b) the desirability of preserving any artificial feature of the building on the ground of its architectural or historic interest.

(4) In subsection (3)(b) “artificial feature” means any feature of the building consisting of a structure or artificial object that—

(a) is fixed to the building, or

(b) forms part of the land and is within the curtilage of the building.

(5) In this Act “listed building” means a building included in the list maintained under this section, and includes—

(a) any structure or artificial object‍ that is fixed to the building and ancillary to it;

(b) any other structure or artificial object that—

(i) forms part of the land and has done so since before l July 1948, and

(ii) was within the curtilage of the building, and ancillary to it, on the date on which the building was first included in the list, or on 1 January 1969, whichever was later.

(6) In this Part—

(a) “listing” a building means amending the list by adding the building;

(b) “de-listing” a building means amending the list by removing the building.

Commencement Information

I1 S. 76 not in force at Royal Assent, see s. 212(2)

77 Notification of listing or de-listing of building E+W

(1) As soon as possible after the Welsh Ministers list or de-list a building, they must serve notice that they have done so on—

(a) every owner and occupier of the building, and

(b) every relevant local authority in whose area the building is situated.

(2) Where the Welsh Ministers have listed a building—

(a) the notice must specify the date on which they did so, and

(b) they must include with the notice a copy of the entry for the building in the list maintained under section 76.

(3) A copy of an entry served under this section is a local land charge, and for the purposes of the Local Land Charges Act 1975 (c. 76) the county council or county borough council on which the copy is served is the originating authority as respects the charge.

(4) A relevant local authority must keep available for public inspection—

(a) copies of entries in the list that have been served on it under this section, and

(b) copies of any parts of the list that were deposited with it under section 2(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) or a corresponding provision of any earlier Act, so far as those parts remain up-to-date.

(5) The copies must be available for inspection—

(a) free of charge,

(b) at reasonable times, and

(c) at a convenient place.

(6) In this section “relevant local authority” means—

(a) a county council or county borough council;

(b) a National Park authority;

(c) a joint planning board.

Commencement Information

I2 S. 77 not in force at Royal Assent, see s. 212(2)