UK Act of Parliament 1997 Scotland

PLBCASA 1997

An Act to consolidate certain enactments relating to special controls in respect of buildings and areas of special architectural or historic interest with amendments to give effect to recommendations of the Scottish Law Commission.

Enforced by
HES
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 5 of 21 obligations carry a fine up to £1,000. 4 carry different penalties and 12 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person9

Plus 12 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Listed Buildings

16 of 84 sections shown
s.006 Restriction on works affecting listed buildings. (opens in a new tab) Prosecution
  • Obtain authorisation before carrying out works on a listed buildingAny Person

Unlimited fine

s.010 Certificates as to interests in listed building etc. (opens in a new tab) Prosecution
  • Submit false certificate for listed building consentAny Person

Fine up to £1,000

s.012 Duty to notify Secretary of State of applications. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Planning authority must notify Secretary of State of listed building consent applicationsLocal authority
s.019 Appeals: supplementary provisions. (opens in a new tab) Prosecution
  • Issue false or misleading certificate in listed building appealAny Person

Fine up to £1,000

s.023 Procedure for section 21 orders: unopposed cases. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Planning authority must advertise unopposed revocation orders and serve noticesLocal authority
s.024 Revocation and modification of listed building consent by Secretary of State. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must follow procedures when revoking or modifying listed building consentCrown / Minister / Government department
s.034 Power to issue listed building enforcement notice. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Planning authority must serve and publicise listed building enforcement noticesLocal authority
s.038 Execution of works required by listed building enforcement notice. (opens in a new tab) Prosecution
  • Obstruct council from carrying out listed building enforcement worksAny Person

Fine up to £1,000

s.039 Offence where listed building enforcement notice not complied with. (opens in a new tab) Prosecution
  • Fail to comply with listed building enforcement noticeAny Person

Unlimited fine

s.041 Power of the Scottish Ministers to serve stop notice Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must consult planning authority before serving a stop noticeCrown / Minister / Government department
s.041 Penalties for contravention of stop notice Prosecution
  • Contravene a stop notice on listed buildingsAny Person

Unlimited fine

s.041 Temporary stop notices: restrictions Regulated
Other duties (1) — Crown / regulator
  • Planning authority must not re-issue temporary stop notice without new enforcement actionLocal authority
s.041 Temporary stop notices: offences Prosecution
  • Contravene temporary stop noticeAny Person

Unlimited fine

s.045 Minimum compensation in case of listed building deliberately left derelict. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Planning authority must include minimum compensation direction notice and explain itLocal authority
s.053 Acts causing or likely to result in damage to listed buildings. (opens in a new tab) Prosecution
  • Intentionally damage a listed buildingAny Person

Fine up to £1,000

s.059 General duty as respects listed buildings in exercise of planning functions. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Preserve listed buildings when deciding planning applicationsLocal authority
68 other sections in this Part — procedural and definitional
s.001 Publication of lists and notification of listing
s.005 Certificate that building not intended to be listed
s.005 Appeal against listing of buildings
s.005 Determination of appeals under section 5B
s.005 Procedure for appeals under section 5B
s.010 Declining to determine an application
s.028 Purchase notices: Crown land
s.039 Fixed penalty notice where listed building enforcement notice not complied with
s.041 Stop notices
s.041 Stop notices: supplementary provisions
s.041 Compensation for loss due to stop notice
s.041 Temporary stop notices
s.041 Temporary stop notices: compensation
s.050 Liability of owner and successors for expenses of works executed under section 49
s.050 Notice of liability for expenses: further provision
s.050 Notices of renewal
s.050 Notice of determination following representations under section 50
s.050 Discharge of notice of liability for expenses and notice of renewal
s.050 Meaning of “
s.050 Power to prescribe forms
Part 2

Conservation Areas

2 of 12 sections shown
Part 3

General

2 of 15 sections shown
s.073 Enforcement in relation to the Crown Regulated
Other duties (1) — Crown / regulator
  • Planning authorities must not take enforcement steps on Crown land without consentLocal authority
s.078 Rights of entry: supplementary provisions. (opens in a new tab) Prosecution
  • Obstruct a rights-of-entry inspectionAny Person

Fine up to £1,000

13 other sections in this Part — procedural and definitional
s.073 Application to the Crown
s.073 Urgent works relating to Crown land: application
s.073 Expressions relating to the Crown
s.073 Reference to an interest in land
s.073 Applications for listed building or conservation area consent by Crown
s.078 Rights of entry: Crown land
Part 4

Supplemental

0 of 3 sections shown
Schedules

Schedules

1 of 14 shown
s.sch001 (1) Historic Environment Scotland may at any time direct that... Regulated
Other duties (1) — Crown / regulator
  • Planning authority must notify owners when listed building is removedLocal authority
13 other schedules
s.sch001 Subject to paragraph 2, every building which immediately before 3rd...
s.sch001 In the case of a building to which paragraph 1...
s.sch002 This Schedule applies where a building preservation notice ceases to...
s.sch002 The fact that the notice has ceased to be in...
s.sch002 Any proceedings on or arising out of an application for...
s.sch002 (1) Any listed building enforcement notice served by the planning...
s.sch003 (1) The Secretary of State may by regulations prescribe classes...
s.sch003 (1) An appointed person shall have the same powers and...
s.sch003 (1) The Secretary of State may, if he thinks fit,...
s.sch003 (1) The Secretary of State may by a further direction...
s.sch003 (1) At any time before the appointed person has determined...
s.sch003 (1) Whether or not the parties to an appeal have...
s.sch003 (1) The Tribunals and Inquiries Act 1992 shall apply to...
6 other provisions
s.para.129 1. This Table shows the derivation of the provisions of...
s.para.130 Notes
s.para.131 2. The following abbreviations are used in the Table—
s.para.132 3. The Table does not show the effect of Transfer...
s.para.133 4. The Table does not give details of the effect...
s.para.134 5. “Sc Law Com Rec No.” followed by a number...

Help complying

Guvnor’s practical routes through this instrument.

Development affecting protected species in Scotland

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Responding to a heritage enforcement notice in Scotland

What to do if you receive a heritage enforcement notice in Scotland. Covers listed building enforcement notices, scheduled monument enforcement, response deadlines, …

Scottish heritage compliance quick check

Rapid compliance check for works affecting scheduled monuments, listed buildings, and conservation areas in Scotland. Covers Historic Environment Scotland consents, local authority …

Construction near a heritage site in Scotland

Learning path for construction businesses working near protected heritage assets in Scotland. Covers scheduled monuments, listed buildings, conservation areas, archaeological assessments, and …

Apply for listed building consent in Scotland

How to apply for listed building consent (LBC) in Scotland. Covers when consent is required, the three categories of listing, the application …

Heritage and nature considerations in Scottish planning

How Historic Environment Scotland and NatureScot interact with the Scottish planning system, including NPF4 heritage and nature policies, statutory consultation roles, Environmental …

Heritage offences and penalties in Scotland

Quick reference for criminal offences and penalties relating to unauthorised works to scheduled monuments, listed buildings, and conservation areas in Scotland. Covers …

Understanding heritage protection in Scotland

An overview of Scotland's heritage protection framework, covering the role of Historic Environment Scotland, the main designation types (scheduled monuments, listed buildings, …

Working in conservation areas in Scotland

What you need to know before carrying out works in a conservation area in Scotland. Covers when conservation area consent is needed …

2 more guides that reference this instrument

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.