Historic Environment (Wales) Act 2023

Prospective

152 Powers to enter land E+W

(1) A person authorised in writing by the Welsh Ministers may enter any land to survey a building on that land or on any other land in connection with a proposal to list or de-list the building.

(2) A person authorised in writing by a planning authority may enter any land to survey a building on that land or on any other land in connection with a proposal to serve a temporary listing notice in relation to the building.

(3) A person authorised in writing by a planning authority or the Welsh Ministers may enter any land to—

(a) survey that land or any other land in connection with a proposal to make an order under section 107 (modification or revocation of listed building consent or conservation area consent),

(b) survey that land or any other land in connection with a proposal to make an order under section 115 (termination of listed building partnership agreement or provision of agreement), or

(c) assess whether an offence has been or is being committed under section 91(5), 117 or 118.

(4) A person authorised in writing by a planning authority may enter any land to—

(a) determine whether a temporary stop notice should be issued,

(b) display a copy of a temporary stop notice in accordance with section 119, or

(c) assess whether a temporary stop notice has been complied with.

(5) A person authorised in writing by a planning authority or the Welsh Ministers may enter any land to—

(a) survey that land or any other land in connection with a proposal to issue an enforcement notice,

(b) assess whether an enforcement notice has been complied with,

(c) assess whether a listed building on that land or any other land is being maintained in a proper state of repair,

(d) survey that land or any other land in connection with a proposal to serve a repairs notice under section 138, or

(e) assess whether a repairs notice has been complied with.

(6) A person authorised in writing by a local authority or the Welsh Ministers may enter any land to—

(a) determine whether works should be carried out under section 144 for the preservation of a building on that land or on any other land, or

(b) carry out works under that section for the preservation of a building on that land or on any other land.

(7) An authorised person may enter any land to survey it, or estimate its value, in connection with a claim for compensation payable by a planning authority or the Welsh Ministers under this Part in relation to that land or any other land.

(8) In subsection (7) “authorised person” means—

(a) an officer of the Valuation Office of His Majesty’s Revenue and Customs, or

(b) a person authorised in writing by the planning authority or the Welsh Ministers (as the case may be).

(9) A power to survey land under this section includes power to search and bore to determine the nature of the subsoil or the presence of minerals.

Commencement Information

I1 S. 152 not in force at Royal Assent, see s. 212(2)