Historic Environment (Wales) Act 2023 (asc3)

Prospective

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

CHAPTER 4 E+W ENFORCEMENT OF CONTROLS RELATING TO LISTED BUILDINGS

Unauthorised works and intentional damage: offences E+W

118 Offence of intentionally damaging listed building E+W

(1) A person commits an offence if, with the intention of causing damage to a listed building, the person does anything or permits anything to be done—

(a) which causes or is likely to result in damage to the building, and

(b) which the person would be entitled to do or permit were it not for this subsection.

(2) Subsection (1) does not apply to—

(a) works for which listed building consent has been granted;

(b) anything done in relation to a scheduled monument (but see section 58);

(c) works in relation to an exempt religious building;

(d) anything authorised by planning permission granted or treated as having been granted on an application under the Town and Country Planning Act 1990 (c. 8);

(e) anything for which development consent has been granted under the Planning Act 2008 (c. 29).

(3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) If a person convicted of an offence under subsection (1) fails to take any reasonable steps that are necessary to prevent damage or further damage resulting from the offence, the person is guilty of a further offence.

(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding one tenth of level 3 on the standard scale for each day on which the failure continues.

Commencement Information

I1 S. 118 not in force at Royal Assent, see s. 212(2)