PLBCAA 1990
Planning (Listed Buildings and Conservation Areas) Act 1990
What this means for your business
- Enforced by
- Natural England
- Applies to
- United Kingdom
- On this page
- 11 compliance obligations, 1 practical guide
What you must do
11 compliance obligations under this legislation — 3 can result in imprisonment.
Management duties 2
Appeal a listed‑building enforcement notice on time
If you own, lease or occupy a listed building and receive an enforcement notice, you must lodge an appeal to the Secretary of State before the notice’s effective date. The appeal must state the grounds you rely on and include any information the Secretary of State requires. Failing to appeal in time means the notice will take effect.
Preserve listed building to avoid compulsory acquisition
If you own, lease or otherwise have an interest in a listed building that needs repair, you must take reasonable steps to keep it in good condition. Failure to do so may lead the Secretary of State to order the building be compulsorily bought, which could force you to lose the property.
Other requirements 1
Obtain listed building consent before work on a listed building
2 years imprisonmentIf you plan to demolish, alter or extend a building that is listed, you must first get listed building consent from the local planning authority. Carrying out any such works without that consent is a criminal offence, so you need to wait for approval before starting any work that could affect the building’s historic or architectural character.
Offences and prohibitions 8
Cause damage to a listed building or fail to prevent further damage
Fine up to £1,000If you intentionally damage a listed building, or allow an act that is likely to damage it, you commit a criminal offence. On summary conviction you face a fine of up to £1,000. If, after conviction, you do not take reasonable steps to stop the damage, you can be fined up to £100 for each day the failure continues.
Fail to comply with listed building enforcement notice
Unlimited fineIf you own a listed building and receive a listed‑building enforcement notice, you must carry out the required work within the time limit set in the notice. Failing to do so after that deadline means you are guilty of a criminal offence. On conviction you can be fined – the court may impose an unlimited fine – but there is no custodial sentence.
Ignore or breach a temporary stop notice
Unlimited fineIf you are served with, or see displayed, a temporary stop notice that stops work on a listed building or in a conservation area and you carry out the work anyway (or allow someone else to), you commit a criminal offence. You can be fined – the court may impose an unlimited fine and may treat each separate period of breach as a separate offence. A defence is available if you truly did not know about the notice or the work was urgently needed for safety or preservation and you promptly reported it.
Issue false or misleading certificate for listed‑building appeal
Fine up to £1,000If you provide a certificate that is required for an appeal against a listed‑building decision and you knowingly or recklessly make a statement that is false or misleading, you commit a criminal offence. On conviction in the Magistrates' Court you can be fined up to £1,000. No prison term is provided for this offence.
Issue false or misleading certificate with listed building consent
Fine up to £1,000If you submit a listed‑building consent application and supply a required certificate about ownership or notice that you know is false, or you are reckless about its accuracy, you commit an offence. On conviction in the magistrates' court you face a fine of up to £1,000. No prison term is prescribed for this breach.
Make false or misleading statements in a planning certificate application
2 years imprisonmentIf you give a false or misleading statement, use a false document, or hide material information when applying for a certificate of lawfulness for proposed works, you commit a criminal offence. A conviction can result in an unlimited fine and/or up to two years’ imprisonment. The case can be heard in either a magistrates' court or the Crown Court.
Wilfully obstruct a listed‑building enforcement officer
Fine up to £1,000If you deliberately block a local authority officer from carrying out the works required by a listed‑building enforcement notice, you commit a criminal offence. On conviction in the magistrates’ court you face a fine of up to £1,000. No imprisonment is provided for this offence.
Willfully obstruct authorised entry
Fine up to £1,000If you deliberately block or impede a person who has legal authority (under s.88/88A) to enter land – for example a local‑authority officer carrying out a right of entry – you commit an offence. On conviction in the magistrates’ court you face a fine of up to level 3 (£1,000). No jail term is provided for this breach.
Penalties for non-compliance
10 penalties under this legislation. 3 can result in imprisonment. 5 carry an unlimited fine.
Carry out unauthorised works on a listed building
Unlimited fine and/or 2 years imprisonment
Obtain listed building consent before work on a listed building
Unlimited fine and/or 2 years imprisonment
Make false or misleading statements in a planning certificate application
Unlimited fine and/or 2 years imprisonment
Fail to comply with listed building enforcement notice
Unlimited fine
Ignore or breach a temporary stop notice
Unlimited fine
Cause damage to a listed building or fail to prevent further damage
Fine up to £1,000
Issue false or misleading certificate for listed‑building appeal
Fine up to £1,000
Issue false or misleading certificate with listed building consent
Fine up to £1,000
Wilfully obstruct a listed‑building enforcement officer
Fine up to £1,000
Willfully obstruct authorised entry
Fine up to £1,000
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
145 classified provisions from this legislation.
Duties 16
- s.2 Publication of lists. The Secretary of State
- s.7 Restriction on works affecting listed buildings. person
- s.26F Considerations in making orders
- s.33 Action by council on whom listed building purchase notice served.
- s.35 Action by Secretary of State in relation to listed building purchase notice. The Secretary of State
- s.39 Appeal against listed building enforcement notice. person
- s.47 Compulsory acquisition of listed building in need of repair. The Secretary of State
- s.50 Minimum compensation in case of listed building deliberately left derelict.
- s.56 Dangerous structure orders in respect of listed buildings.
- s.66 General duty as respects listed buildings in exercise of planning functions.
- s.69 Designation of conservation areas. a local planning authority …
- s.71 Formulation and publication of proposals for preservation and enhancement of conservation areas. a local planning authority …
- s.72 General duty as respects conservation areas in exercise of planning functions.
- s.82D Enforcement in relation to the Crown
- s.82E References to an interest in land
- s.86 Ecclesiastical property.
Offences and penalties 9
- s.9 Offences.
- s.11 Certificates as to applicant’s status etc.
- s.21 Appeals: supplementary provisions.
- s.26J Offences
- s.42 Execution of works required by listed building enforcement notice.
- s.43 Offence where listed building enforcement notice not complied with.
- s.44AB Temporary stop notices ...: offence
- s.59 Acts causing or likely to result in damage to listed buildings.
- s.88B Rights of entry: supplementary provisions.
Powers 50
- s.4 Temporary listing in urgent cases.
- s.6 Issue of certificate that building not intended to be listed ....
- s.8 Authorisation of works: listed building consent.
- s.12 Reference of certain applications to Secretary of State.
- s.13 Duty to notify Secretary of State of applications.
- s.14 Duty of London borough councils to notify Commission.
- s.16 Decision on application.
- s.17 Power to impose conditions on grant of listed building consent.
- s.19 Application for variation or discharge of conditions.
- s.22 Determination of appeals.
- s.23 Revocation and modification of listed building consent by local planning authority.
- s.24 Procedure for s. 23 orders: opposed cases.
- s.26A Heritage partnership agreements
- s.26E Powers of Secretary of State in relation to local orders
- s.26 Revocation and modification of listed building consent by the Secretary of State.
- s.26G Effect of revision or revocation of order on incomplete works
- s.26C Listed building consent orders
- s.34 Procedure on reference of listed building purchase notice to Secretary of State.
- s.36 Effect of Secretary of State’s action in relation to listed building purchase notice.
- s.40 Appeals: supplementary provisions.
- ... and 30 more powers
Definitions 10
- s.1 Listing of buildings of special architectural or historic interest in England. listed building
- s.20A Appeal made: functions of local planning authorities
- s.26H Certificate of lawfulness of proposed works
- s.28 Compensation where listed building consent revoked or modified.
- s.32 Purchase notice on refusal or conditional grant of listed building consent.
- s.38 Power to issue listed building enforcement notice.
- s.79 Town scheme agreements. local authority
- s.81 Authorities exercising functions under Act. local planning authority
- s.82C Expressions relating to the Crown
- s.91 Interpretation. the Commission conservation area the principal Act
Exemptions 16
- s.3 Temporary listing ...: building preservation notices.
- Schedule 4 Further Provisions as to exercise of functions by different authorities
- s.15 Directions concerning notification of applications etc.
- s.26B Heritage partnership agreements: supplemental
- s.26D Local listed building consent orders
- s.30 Local planning authorities for compensation purposes.
- s.51 Ending of rights over land compulsorily acquired.
- s.60 Exceptions for ecclesiastical buildings and redundant churches.
- s.61 Exceptions for ancient monuments etc.
- s.74 Control of demolition in conservation areas.
- s.75 Cases in which s. 74 does not apply.
- s.82B Urgent works relating to Crown land: application
- s.82 Application of Act to land and works of local planning authorities.
- s.88C Rights of entry: Crown land
- s.89 Application of certain general provisions of principal Act.
- Schedule 3 Determination of Certain Appeals by Person Appointed by Secretary of State