Legislation – Historic Environment (Wales) Act 2023
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Historic Environment (Wales) Act 2023, Cross Heading: Authorisation of works is up to date with all changes known to be in force on or before 04 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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PART 3BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST
CHAPTER 2CONTROL OF WORKS AFFECTING LISTED BUILDINGS
Authorisation of works
88Requirement for works to be authorised
(1)
A person must not carry out works to which this section applies, or cause such works to be carried out, unless the works are authorised under section 89.
(2)
This section applies to—
(a)
works for the alteration or extension of a listed building in any way that would affect its character as a building of special architectural or historic interest;
(b)
works for the demolition of a listed building.
(3)
But this section does not apply to—
(a)
works in relation to a building which is a scheduled monument (but see section 11);
(b)
works in relation to an exempt religious building;
(c)
works for the demolition of a building closed for regular public worship, or a part of such a building, in accordance with provision made under Part 6 of the Mission and Pastoral Measure 2011 (No. 3) by a pastoral church buildings scheme or a pastoral (church buildings disposal) scheme;
(d)
works carried out by or on behalf of the Crown in the circumstances set out in paragraphs (a) to (d) of section 117(4) (emergency works).
89Authorisation of works by listed building consent
(1)
Works to which section 88 applies are authorised if—
(a)
written consent to carry them out has been granted by the planning authority in whose area the building is situated or the Welsh Ministers, and
(b)
the works are carried out in accordance with the terms of the consent (including any conditions attached to it).
(2)
Where—
(a)
works to which section 88 applies have been carried out without being authorised under subsection (1), and
(b)
the planning authority or the Welsh Ministers grant written consent for the works,
the works are authorised from the grant of that consent.
(3)
Consent under subsection (1) or (2) is referred to in this Act as listed building consent.