Legislation – Historic Environment (Wales) Act 2023
Changes to legislation:
Historic Environment (Wales) Act 2023, Section 132 is up to date with all changes known to be in force on or before 06 November 2025. 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 132:
- s. 11(3) inserted by 2024 asc 3 Sch. 3 para. 15(2)
- s. 58(4)(c) inserted by 2024 asc 3 Sch. 3 para. 15(3)
- s. 88(4) inserted by 2024 asc 3 Sch. 3 para. 15(4)
- s. 118(2)(f) inserted by 2024 asc 3 Sch. 3 para. 15(5)
- s. 161(6) inserted by 2024 asc 3 Sch. 3 para. 15(6)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 11(3) inserted by 2024 asc 3 Sch. 3 para. 15(2)
- s. 58(4)(c) inserted by 2024 asc 3 Sch. 3 para. 15(3)
- s. 88(4) inserted by 2024 asc 3 Sch. 3 para. 15(4)
- s. 118(2)(f) inserted by 2024 asc 3 Sch. 3 para. 15(5)
- s. 161(6) inserted by 2024 asc 3 Sch. 3 para. 15(6)
PART 3BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST
CHAPTER 4ENFORCEMENT OF CONTROLS RELATING TO LISTED BUILDINGS
Compliance with enforcement notices
132Recovery of costs of compliance with enforcement notice
(1)
Where a planning authority exercises the powers under section 131(1) to enter land and take a step required by an enforcement notice, the authority may recover from a person who is then an owner of the land the costs it reasonably incurs in doing so.
(2)
If a planning authority seeks to recover costs under subsection (1) from an owner of land who—
(a)
is entitled to receive the rack rent of the land merely as agent or trustee for another person (the “principal”), and
(b)
does not have, and has not had at any time since the day payment of the costs was demanded, enough money on behalf of the principal to pay the costs in full,
the liability of the agent or trustee is limited to the total amount of money that the agent or trustee has had on behalf of the principal since that day.
(3)
If subsection (2) prevents a planning authority recovering the whole of its costs from an agent or trustee, it may recover them from the principal, or partly from the principal and partly from the agent or trustee.
(4)
Where a copy of an enforcement notice has been served in respect of a listed building—
(a)
costs which an owner or occupier of the building incurs for the purpose of complying with the notice, and
(b)
amounts which an owner of land pays under subsection (1) in respect of costs incurred by the planning authority in taking steps required by the notice,
are to be treated as incurred or paid for the use and at the request of the person who carried out the works to which the notice relates.
(5)
The costs recoverable by a planning authority under subsection (1) are, until recovered, a charge on the land to which the enforcement notice relates.
(6)
The charge takes effect as a local land charge at the beginning of the day after the day the authority completes the step to which the costs relate.
(7)
Subsection (8) applies where—
(a)
a planning authority removes materials from land in the course of taking steps required by an enforcement notice, and
(b)
the owner of the materials does not, within 3 days after the day they are removed, claim the materials and take them away.
(8)
The planning authority—
(a)
may sell the materials, and
(b)
if it does so, must pay the proceeds to the person who owned the materials, after deducting any costs recoverable by it from the person.
(9)
A planning authority may not recover costs under this section from the Crown.