UK Act of Parliament
1990
United Kingdom
Planning (Listed Buildings and Conservation Areas) Act 1990
At a glance
Enforced by
What's here
25 compliance obligations, 1 practical guide
Penalty landscape
5 of 25 obligations carry a fine up to £1,000. 3 carry different penalties and 17 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 10
- Occupier 1
Plus 14 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Direct — cites this Act
1 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Occupiers also bound by 259 other Acts (top 5 shown)
- The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 2021 39 duties
- Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 2006 34 duties
- The Welfare of Animals (Slaughter or Killing) Regulations 1995 1995 34 duties
- Highways Act 1980 1980 23 duties
- Nitrate Pollution Prevention Regulations 2015 2015 18 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part I — Listed Buildings
Publication of lists.
Other duties (1) — Crown / regulator
- Local authorities must notify owners when a building is listed or de-listed Local authority
Restriction on works affecting listed buildings.
- Obtain consent before altering or demolishing a listed building Any Person
Certificates as to applicant’s status etc.
Fine up to £1,000- Issue false or misleading certificate with listed building consent Any Person
Appeals: supplementary provisions.
Fine up to £1,000- Issue false or misleading certificate for listed‑building appeal Any Person
Considerations in making orders
Other duties (1) — Crown / regulator
- Authorities must prioritize preserving listed buildings when making consent orders Crown / Minister / Government department
Offences
2 years imprisonment- Make false or misleading statements in a planning certificate application Any Person
Action by council on whom listed building purchase notice served.
Other duties (1) — Crown / regulator
- Council must respond to a listed building purchase notice Local authority
Action by Secretary of State in relation to listed building purchase notice.
Other duties (1) — Crown / regulator
- Secretary of State must decide on listed building purchase notices Crown / Minister / Government department
Appeal against listed building enforcement notice.
- Appeal a listed‑building enforcement notice on time Occupier
Execution of works required by listed building enforcement notice.
Fine up to £1,000- Wilfully obstruct a listed‑building enforcement officer Any Person
Offence where listed building enforcement notice not complied with.
Unlimited fine- Fail to comply with listed building enforcement notice Any Person
Temporary stop notices ...: offence
Unlimited fine- Ignore or breach a temporary stop notice Any Person
Compulsory acquisition of listed building in need of repair.
- Preserve listed building to avoid compulsory acquisition Any Person
Other duties (1) — Crown / regulator
- Secretary of State may compulsorily acquire poorly maintained listed buildings Crown / Minister / Government department
Minimum compensation in case of listed building deliberately left derelict.
Other duties (1) — Crown / regulator
- Local Authority may limit compensation if you let a listed building rot Local authority
Dangerous structure orders in respect of listed buildings.
Other duties (1) — Crown / regulator
- Local planning authorities must prioritize preservation over demolition orders Local authority
Acts causing or likely to result in damage to listed buildings.
Fine up to £1,000- Cause damage to a listed building or fail to prevent further damage Any Person
General duty as respects listed buildings in exercise of planning functions.
Other duties (1) — Crown / regulator
- Local authorities must protect listed buildings when deciding planning applications Local authority
Browse 82 other sections in this Part — procedural / definitional / commencement
Listing of buildings of special architectural or historic interest in England.
Duty to consult on certain changes to lists
Interim protection pending certain listing decisions
Provisions applicable on lapse of interim protection
Review of certain listing decisions
Temporary listing ...: building preservation notices.
Temporary listing in Wales: building preservation notices
Temporary listing in urgent cases.
Provisions applicable on lapse of building preservation notice.
Issue of certificate that building not intended to be listed ....
Issue of certificate that building not intended to be listed: Wales
Authorisation of works: listed building consent.
Offences.
Making of applications for listed building consent.
Reference of certain applications to Secretary of State.
Duty to notify Secretary of State of applications.
Duty of London borough councils to notify Commission.
Directions concerning notification of applications etc.
Decision on application.
Power to impose conditions on grant of listed building consent.
Limit of duration of listed building consent.
Extension of duration of certain listed building consent
Application for variation or discharge of conditions.
Right to appeal against decision or failure to take decision.
Appeal made: functions of local planning authorities
Determination of appeals.
Revocation and modification of listed building consent by local planning authority.
Procedure for s. 23 orders: opposed cases.
Procedure for s. 23 orders: unopposed cases.
Revocation and modification of listed building consent by the Secretary of State.
Heritage partnership agreements
Heritage partnership agreements: supplemental
Listed building consent orders
Local listed building consent orders
Powers of Secretary of State in relation to local orders
Effect of revision or revocation of order on incomplete works
Certificate of lawfulness of proposed works
Certificates under section 26H: supplementary
Appeals against refusal or failure to give decision on application
Heritage partnership agreements
Heritage partnership agreements: supplemental
Compensation for refusal of consent to alteration, etc. of listed building.
Compensation where listed building consent revoked or modified.
Compensation where consent formerly granted by order is granted conditionally or refused
Compensation for loss or damage caused by interim protection
Compensation for loss or damage in Wales caused by service of building preservation notice.
Local planning authorities for compensation purposes.
General provisions as to compensation for depreciation under this Part.
Purchase notice on refusal or conditional grant of listed building consent.
Purchase notices: Crown land
Procedure on reference of listed building purchase notice to Secretary of State.
Effect of Secretary of State’s action in relation to listed building purchase notice.
Reduction of compensation on acquisition where s. 28 compensation payable.
Power to issue listed building enforcement notice.
Appeals: supplementary provisions.
Determination of appeals under s. 39.
Effect of listed building consent on listed building enforcement notice.
Injunctions.
Temporary stop notices ...
Temporary stop notices ... : compensation
Temporary stop notices in Wales
Temporary stop notices in Wales: offence
Temporary stop notices in Wales: compensation
Commission to have concurrent enforcement functions in London.
Enforcement by the Secretary of State.
Repairs notice as preliminary to acquisition under s. 47.
Compensation on compulsory acquisition of listed building in England or Wales.
Ending of rights over land compulsorily acquired.
Acquisition of land by agreement.
Management of listed buildings acquired under this Act.
Urgent works to preserve ... listed buildings.
Recovery of expenses of works under s. 54.
Power of local authority to contribute to preservation of listed buildings etc.
Recovery of grants under s. 57.
Exceptions for ecclesiastical buildings and redundant churches.
Exceptions for ancient monuments etc.
Validity of certain orders and decisions.
Proceedings for questioning validity of other orders, decisions and directions.
Validity of listed building enforcement notices.
Appeals to High Court relating to listed building enforcement notices.
Publicity for applications affecting setting of listed buildings.
Reference to Commission of planning applications involving listed buildings in Greater London.
Part II — Conservation Areas
Designation of conservation areas.
Other duties (1) — Crown / regulator
- Local authorities must designate and review conservation areas Local authority
Formulation and publication of proposals for preservation and enhancement of conservation areas.
Other duties (1) — Crown / regulator
- Councils must propose and consult on conservation area enhancements Local authority
General duty as respects conservation areas in exercise of planning functions.
Other duties (1) — Crown / regulator
- Authorities must prioritize preserving or enhancing conservation areas Local authority
Browse 9 other sections in this Part — procedural / definitional / commencement
Designation of conservation areas: supplementary provisions.
Publicity for applications affecting conservation areas.
Control of demolition in conservation areas.
Cases in which s. 74 does not apply.
Urgent works to preserve ... buildings in conservation areas.
Grants and loans for preservation or enhancement of conservation areas.
Recovery of grants under s. 77.
Town scheme agreements.
Grants for repairing of buildings in town schemes.
Part III — General
Enforcement in relation to the Crown
Other duties (1) — Crown / regulator
- Local authorities must obtain Crown consent before enforcing on Crown land Local authority
References to an interest in land
Other duties (1) — Crown / regulator
- Crown and Duchy land interests must be represented by the appropriate authority Crown / Minister / Government department
Ecclesiastical property.
Other duties (1) — Crown / regulator
- Authorities must serve notices on the Diocesan Board for church property Local authority
Rights of entry: supplementary provisions.
Fine up to £1,000- Willfully obstruct authorised entry Any Person
Browse 19 other sections in this Part — procedural / definitional / commencement
Authorities exercising functions under Act.
Power to decline to determine subsequent application
Power to decline to determine overlapping application
Application of Act to land and works of local planning authorities.
Application to the Crown
Urgent works relating to Crown land: application
Expressions relating to the Crown
Applications for listed building or conservation area consent by Crown
Exercise of powers in relation to Crown land.
Application for listed building or conservation area consent in anticipation of disposal of Crown land.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Settled land.
Rights of entry.
Warrants to enter land.
Rights of entry: Crown land
Determination of procedure for certain proceedings: ...
Determination of procedure for certain proceedings: Wales
Application of certain general provisions of principal Act.
Financial provisions.
Part IV — Supplemental
Browse 4 other sections in this Part — procedural / definitional / commencement
Schedules
Browse 48 other Schedules — structural / supplementary
Further Provisions as to exercise of functions by different authorities
Buildings Formerly Subject to Building Preservation Orders
Subject to paragraph 2, every building which immediately before lst...
(1) The Secretary of State may at any time direct,...
In the case of a building to which paragraph 1...
Lapse of Interim Protection
This Schedule applies where interim protection ceases to have effect...
The fact that the interim protection has ceased to have...
Any proceedings on or arising out of an application for...
(1) Any listed building enforcement notice served by the local...
Any temporary stop notice served by the local planning authority...
Decisions on Reviews by Person Appointed by Welsh Ministers
(1) The Welsh Ministers may by regulations prescribe the classes...
(1) An appointed person has the same powers and duties...
(1) At any time before an appointed person has made...
(1) An appointed person may appoint an assessor to provide...
(1) The Welsh Ministers may direct that anything that would...
(1) An appointed person may delegate to another person anything...
Where an appointed person is a member of the staff...
Lapse of Building Preservation Notices
This Schedule applies where a building preservation notice ceases to...
The fact that the notice has ceased to be in...
Any proceedings on or arising out of an application for...
(1) Any listed building enforcement notice served by the local...
Any temporary stop notice served under section 44AA(4) by the...
Any temporary stop notice served under section 44B(4) by the...
Local listed building consent orders: procedure
(1) A local listed building consent order must be prepared...
(1) The local planning authority may at any time prepare...
A local listed building consent order is of no effect...
(1) While a local listed building consent order is in...
Determination of Certain Appeals by Person Appointed by Secretary of State
(1) The Secretary of State may by regulations prescribe the...
(1) An appointed person shall have the same powers and...
(1) The Secretary of State may, if he thinks fit,...
(1) The Secretary of State may by a further direction...
(1) At any time before the appointed person has determined...
(1) Whether or not the parties to an appeal have...
(1) If the Secretary of State is considering giving a...
(1) The Tribunals and Inquiries Act 1992 shall apply to...
(1) This paragraph applies in relation to a local inquiry...
(1) Subsection (3) of section 1 of the principal Act...
Subject to sections . . . 4A, 6, 7 ,...
Where an application for listed building consent under section 10...
(1) Subject to sections . . ., 6, 7, ,...
For the purposes of sections 3 and 4, 7 to...
The validity of any consent or determination granted or made...
(1) The Secretary of State may from time to time...
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Counter-Terrorism Security | Historic England (opens in a new tab) from Historic England Detailed Guidance
- Checklist to Help Local Authorities Deal With Contested Heritage Decisions | Historic England (opens in a new tab) from Historic England Detailed Guidance
- The Planning System | Historic England (opens in a new tab) from Historic England Detailed Guidance
- Listing and Our Advisory Service | Historic England (opens in a new tab) from Historic England Detailed Guidance
- Guide to the Range of Information to Enable Consultations With Us | Historic England (opens in a new tab) from Historic England Detailed Guidance
- Coastal Change | Historic England (opens in a new tab) from Historic England Detailed Guidance
- Tips for Local Authorities | Historic England (opens in a new tab) from Historic England Detailed Guidance
- Designating and Managing a Conservation Area | Historic England (opens in a new tab) from Historic England Detailed Guidance
- Appeal a listed building consent decision (opens in a new tab) from Planning Inspectorate Detailed Guidance
- Listed building consent - Planning Portal (opens in a new tab) Other
- ... and 3 more
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Local Authority
PrimaryLocal Authority (Environmental Health / Licensing / Planning)
Local councils enforce food safety (via Environmental Health Officers), issue alcohol licences, grant planning permission, and regulate certain business activities at local …
The Planning Inspectorate
Examines applications for Nationally Significant Infrastructure Projects (NSIPs) under the Planning Act 2008, including large offshore wind farms, power stations, and transmission …
Welsh Government's historic environment service. Protects, conserves, and promotes historic buildings, ancient monuments, and historic landscapes in Wales.
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Regulators
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