Legislation – Historic Environment (Wales) Act 2023
Changes to legislation:
Historic Environment (Wales) Act 2023, Section 137 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 137:
- 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 5ACQUISITION AND PRESERVATION OF BUILDINGS OF SPECIAL INTEREST
Compulsory acquisition of listed buildings in need of repair
137Powers to acquire listed building compulsorily for purpose of preservation
(1)
This section applies if the Welsh Ministers—
(a)
consider that reasonable steps are not being taken for properly preserving a listed building, and
(b)
are satisfied that there is a compelling case in the public interest for the building to be acquired compulsorily for the purpose of preserving it.
(2)
The Welsh Ministers—
(a)
may authorise the planning authority in whose area the listed building is situated to acquire compulsorily the building and any land in respect of which the conditions in subsection (3) are met, or
(b)
may themselves acquire the building and land compulsorily.
(3)
The conditions are that—
(a)
the land includes, adjoins or is adjacent to the building, and
(b)
the Welsh Ministers consider that the land is required—
(i)
for preserving the building or its amenities,
(ii)
for providing or facilitating access to it, or
(iii)
for its proper control or management.
(4)
This section does not permit the acquisition of—
(a)
a building which is a scheduled monument (but see section 43), or
(b)
an exempt religious building.
(5)
This section does not permit the acquisition of an interest in Crown land unless—
(a)
the interest is held otherwise than by or on behalf of the Crown, and
(b)
the appropriate Crown authority agrees to the acquisition.
(6)
The Acquisition of Land Act 1981 (c. 67) applies to an acquisition under this section.
(7)
In this Chapter “acquiring authority” means—
(a)
in the case of an acquisition or proposed acquisition under subsection (2)(a), the planning authority that acquires or proposes to acquire the listed building or land;
(b)
in the case of an acquisition or proposed acquisition under subsection (2)(b), the Welsh Ministers.