Provisions the documents cite: s.1(1) and (5)–(5A) (lists of buildings in England; meaning of listed building), s.7 (restriction on works affecting listed buildings), s.9(1)–(5) (offences, urgent-works defence, penalties)
What it requires
A listed building is a building for the time being included in a list compiled or approved by the Secretary of State under s.1, and any object or structure fixed to it, and any object or structure within its curtilage that forms part of the land and has done so since before 1 July 1948, is treated as part of the building unless the list entry says otherwise (s.1(5)–(5A)); since 4 November 2024 s.1(1) provides for lists of buildings in England. No person may execute or cause to be executed any works for the demolition of a listed building, or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, unless the works are authorised under s.8 (listed building consent) (s.7(1)), subject to s.33(1) of the Planning Act 2008 (s.7(2)). Contravening s.7 is an offence, and so is failing to comply with a condition attached to a listed building consent when executing or causing works to be executed under it (s.9(1)–(2)). It is a defence to prove all of the following: the works were urgently necessary in the interests of safety or health or for the preservation of the building; it was not practicable to secure safety, health or preservation by works of repair or works for temporary support or shelter; the works were limited to the minimum measures immediately necessary; and notice in writing justifying the works in detail was given to the local planning authority as soon as reasonably practicable (s.9(3)). Penalty: on summary conviction, imprisonment up to six months or a fine, or both; on indictment, up to two years or a fine, or both; the court has regard to any financial benefit (s.9(4)–(5)). The offence reaches anyone who causes the works to be executed, not only whoever carries them out. Wales — the Historic Environment (Wales) Act 2023 Schedule 13 (in force 4 November 2024) inserted "in England" into s.1(1), omitted s.9(3A) and made other Wales-related omissions; ss.7 and 9 are still shown as extending to England and Wales, but reading s.1(1) with s.1(5) the listed buildings they protect are those on the lists for England, and listed buildings in Wales are dealt with under the 2023 Welsh Act, which the register does not hold and which was not read (REASONING — confirm before printing any statement about Wales). Extends to England and Wales.
The instrument itself: https://www.legislation.gov.uk/ukpga/1990/9. The summary above is our plain-English reading, not the text of the instrument — always work from the source.
How this entry is kept current
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The 1 document that cite it
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