Legislation – Historic Environment (Wales) Act 2023
Changes to legislation:
Historic Environment (Wales) Act 2023, Section 91 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 91:
- 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 2CONTROL OF WORKS AFFECTING LISTED BUILDINGS
Applications for listed building consent
91Notice of application to owners of building
(1)
The Welsh Ministers may by regulations require an applicant for listed building consent—
(a)
to give notice of the application to every person (other than the applicant) who on a date specified in the regulations is an owner of any part of the listed building to which the application relates, and
(b)
to include with the application a certificate issued by the applicant stating that any requirements of the regulations have been complied with.
(2)
The regulations may make provision about—
(a)
the form and content of a notice or certificate (which may include provision for using a form to be published or provided by the Welsh Ministers or another person);
(b)
how notice must be given (which may include provision requiring it to be published).
(3)
An application for listed building consent must not be considered if any requirements imposed under subsection (1) or (2) have not been complied with.
(4)
The Welsh Ministers may by regulations provide that, where notice has been given of an application in accordance with requirements imposed under those subsections—
(a)
the application must not be determined during a period specified in the regulations;
(b)
the planning authority or the Welsh Ministers must, in determining the application, take account of representations made during that period by any person who is an owner of any part of the listed building.
(5)
It is an offence for a person in purported compliance with a requirement imposed under subsection (1) or (2)—
(a)
to issue a certificate containing a statement which the person knows to be false or misleading in a material respect, or
(b)
to recklessly issue a certificate containing a statement which is false or misleading in a material respect.
(6)
A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7)
In this section “owner” means—
(a)
an owner of the freehold estate, or
(b)
a tenant under a lease granted or extended for a fixed term that has at least 7 years left to run.