Legislation – Historic Environment (Wales) Act 2023

PART 1
OVERVIEW

PART 2
MONUMENTS OF SPECIAL HISTORIC INTEREST

CHAPTER 1 KEY TERMS

2 Meaning of “monument” and “site of monument”

CHAPTER 2 SCHEDULE OF MONUMENTS OF NATIONAL IMPORTANCE

Schedule of monuments

3 Duty to maintain and publish schedule of monuments

4 Notification of owner etc. where the schedule is amended

Proposals to add or remove monument to or from the schedule: consultation and interim protection

5 Consultation before adding or removing monument to or from the schedule

6 Interim protection pending decision on certain amendments relating to the schedule

7 When interim protection ends

8 Compensation for loss or damage caused by interim protection

Review of decisions to amend schedule to add monuments etc.

9 Review of decision to add monument to the schedule etc.

10 Supplementary provision about reviews

CHAPTER 3 CONTROL OF WORKS AFFECTING SCHEDULED MONUMENTS

Authorisation of works

11 Requirement for works to be authorised

12 Authorisation of classes of works

13 Authorisation of works by scheduled monument consent

Applications for scheduled monument consent

14 Applying for scheduled monument consent

15 Declarations of ownership in respect of monument

16 Power to refuse to consider similar applications

Determining applications for scheduled monument consent

17 Procedure for determining applications and effect of grant of consent

Grant of scheduled monument consent subject to conditions

18 Power to grant consent subject to conditions

19 Condition about period within which works must start

Modification and revocation of scheduled monument consent

20 Modification and revocation of consent

21 Compensation for refusal of scheduled monument consent or grant of consent subject to conditions

22 Recovery of compensation paid under section 21 on subsequent grant of consent

23 Determination of amount recoverable under section 22

24 Compensation where works affecting a scheduled monument cease to be authorised

CHAPTER 4 SCHEDULED MONUMENT PARTNERSHIP AGREEMENTS

25 Scheduled monument partnership agreements

26 Further provision about scheduled monument partnership agreements

27 Termination of agreement or provision of agreement

28 Compensation in relation to termination

29 Interpretation

CHAPTER 5 ENFORCEMENT OF CONTROLS RELATING TO SCHEDULED MONUMENTS

Offences relating to unauthorised works

30 Offence of carrying out unauthorised works or breaching condition of consent

Temporary stop notices

31 Power of Welsh Ministers to issue temporary stop notice

32 Duration etc. of temporary stop notice

33 Offence of breaching temporary stop notice

34 Compensation for loss or damage caused by temporary stop notice

Enforcement notices

35 Power of Welsh Ministers to issue enforcement notice

36 Service and taking effect of enforcement notice

37 Variation and withdrawal of enforcement notice

38 Effect of granting scheduled monument consent on enforcement notice

39 Appeal against enforcement notice

40 Powers to enter land and take steps required by enforcement notice

41 Offence of failing to comply with enforcement notice

42 Injunction to restrain unauthorised works or failure to comply with condition of consent

CHAPTER 6 ACQUISITION, GUARDIANSHIP AND PUBLIC ACCESS

Acquisition of monuments of special historic interest

43 Compulsory acquisition of monuments of special historic interest

44 Acquisition by agreement or gift of monuments of special historic interest

Guardianship of monuments of special historic interest

45 Power to place monument of special historic interest under guardianship

46 Supplementary provision about guardianship deeds

47 General functions of guardians

48 Termination of guardianship

Acquisition and guardianship of land in the vicinity of a monument of special historic interest etc.

49 Acquisition and guardianship of land in the vicinity of a monument

50 Acquisition of easements and other similar rights over land in the vicinity of a monument

Agreements with occupiers of monuments or adjoining etc. land

51 Agreements concerning management of monuments of special historic interest and land in their vicinity

Powers of limited owners

52 Powers of limited owners for purposes of sections 45, 50 and 51

Transfer of ownership or guardianship and disposal of land

53 Transfer of monuments of special historic interest between local authorities and the Welsh Ministers

54 Disposal of land acquired under this Chapter

Public access to monuments under public control

55 Public access to monuments under public control

56 Power to make regulations and byelaws in connection with public access to monuments under public control

57 Provision of facilities for the public in connection with monuments of special historic interest

CHAPTER 7 GENERAL

Damage to monuments

58 Offence of damaging certain monuments of special historic interest

59 Compensation orders for damage to monuments under guardianship

60 Restrictions on use of metal detectors

Urgent works for preservation of scheduled monument

61 Works for preservation of scheduled monument in cases of urgency

Expenditure and advice in relation to monuments

62 Expenditure on acquisition and preservation of monuments of special historic interest etc.

63 Advice and supervision of work by Welsh Ministers

64 Expenditure by local authorities on archaeological investigation

Powers of entry

65 Powers of entry for inspection of scheduled monuments etc.

66 Powers of entry relating to enforcement of controls on works

67 Power of entry on land believed to contain monument of special historic interest

68 Power of entry for survey and valuation in connection with claim for compensation

69 Supplementary provision about powers of entry under this Part

70 Compensation for damage caused by exercise of certain powers under this Part

71 Treatment and preservation of finds

72 Validity of certain decisions and orders under this Part

73 Application to High Court for statutory review of decision or order

75 Interpretation of this Part

PART 3
BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST

CHAPTER 1 LISTING BUILDINGS OF SPECIAL INTEREST

List of buildings

76 Duty to maintain and publish list of buildings

77 Notification of listing or de-listing of building

Proposals to list and de-list buildings: consultation and interim protection

78 Consultation before listing or de-listing building

79 Interim protection pending decision whether to list building

80 Compensation for loss or damage caused by interim protection

Review of listing decisions

81 Review of decision to list building

82 Supplementary provision about reviews

Temporary listing

83 Service of temporary listing notice

84 Temporary listing in urgent cases

85 End of temporary listing

86 Compensation for loss or damage caused by temporary listing

Buildings not intended to be listed

87 Certificate that Welsh Ministers do not intend to list building

CHAPTER 2 CONTROL OF WORKS AFFECTING LISTED BUILDINGS

Authorisation of works

88 Requirement for works to be authorised

89 Authorisation of works by listed building consent

Applications for listed building consent

90 Applying for listed building consent

91 Notice of application to owners of building

Dealing with applications for consent

92 Procedure for dealing with application

93 Power to refuse to consider similar applications

94 Reference of application to Welsh Ministers

95 Notification to Welsh Ministers before granting consent

96 Grant or refusal of consent

Grant of listed building consent subject to conditions

97 Power to grant consent subject to conditions

98 Condition about period within which works must start

99 Application for variation or removal of conditions

Appeals to the Welsh Ministers

100 Right to appeal against planning authority decision or failure to make decision

101 Procedure for making appeal

102 Restriction on varying application after service of notice of appeal

103 Decision on application after service of notice of appeal

104 Determination of appeal

105 Applications by planning authorities and the Crown

106 Applications relating to urgent works on Crown land

Modification and revocation of listed building consent

107 Modification and revocation of consent

108 Compensation where consent is modified or revoked

Right of owner of listed building to require purchase of interest

109 Purchase notice where consent is refused, granted subject to conditions, modified or revoked

110 Purchase notice in respect of Crown land

111 Further provision about service of purchase notice

112 Action following service of purchase notice

CHAPTER 3 LISTED BUILDING PARTNERSHIP AGREEMENTS

113 Listed building partnership agreements

114 Further provision about listed building partnership agreements

115 Termination of agreement or provision of agreement

116 Compensation where agreement or provision is terminated

CHAPTER 4 ENFORCEMENT OF CONTROLS RELATING TO LISTED BUILDINGS

Unauthorised works and intentional damage: offences

117 Offence of carrying out unauthorised works or breaching condition of consent

118 Offence of intentionally damaging listed building

Temporary stop notices

119 Power of planning authority to issue temporary stop notice

120 Duration etc. of temporary stop notice

121 Offence of breaching temporary stop notice

122 Compensation for loss or damage caused by temporary stop notice

Enforcement notices issued by planning authorities

123 Power of planning authority to issue enforcement notice

124 Service and taking effect of enforcement notice

125 Variation and withdrawal of enforcement notice

126 Effect of granting listed building consent on enforcement notice

Appeals and other proceedings relating to enforcement notices

127 Right to appeal against enforcement notice

128 Determination of appeal

129 Grounds for appeal not to be raised in other proceedings

Compliance with enforcement notices

130 Order to permit steps required by enforcement notice

131 Power to enter land and take steps required by enforcement notice

132 Recovery of costs of compliance with enforcement notice

133 Offence of failing to comply with enforcement notice

Enforcement notices issued by Welsh Ministers

134 Power of Welsh Ministers to issue enforcement notice

135 Injunction to restrain unauthorised works or failure to comply with condition of consent

CHAPTER 5 ACQUISITION AND PRESERVATION OF BUILDINGS OF SPECIAL INTEREST

Acquisition by agreement of buildings of special interest

136 Power of planning authority to acquire building by agreement

Compulsory acquisition of listed buildings in need of repair

137 Powers to acquire listed building compulsorily for purpose of preservation

138 Requirement to serve repairs notice before starting compulsory acquisition

139 Application to stop compulsory acquisition

140 Direction for minimum compensation where building deliberately allowed to fall into disrepair

141 Application for removal of direction for minimum compensation

142 Ending of rights over land acquired compulsorily

Management, use and disposal of buildings

143 Management, use and disposal of building acquired under this Chapter

Urgent preservation of listed buildings

144 Urgent works to preserve listed building

145 Power to require owner to meet costs of preservation works

146 Further provision about recovery of costs of preservation works

Further provision about preservation of listed buildings

147 Steps for preservation of listed buildings in disrepair

Finance for repair and maintenance of buildings of special interest etc.

148 Grant or loan by local authority for repair or maintenance of building

149 Recovery of grant made by local authority

150 Grant by Welsh Ministers for repair or maintenance of building, garden etc.

151 Acceptance by Welsh Ministers of endowment for upkeep of building

CHAPTER 6 GENERAL

Powers of entry

152 Powers to enter land

153 Exercise of power to enter land without warrant

154 Warrant to enter land

155 Supplementary provision about powers of entry

156 Exempt religious buildings

157 Interpretation of this Part

PART 4
CONSERVATION AREAS

158 Designating areas of special architectural or historic interest as conservation areas

159 Duty to formulate and publish proposals for preservation and enhancement of conservation areas

160 Exercise of planning functions: general duty relating to conservation areas

161 Requirement for demolition to be authorised

162 Authorisation of demolition by conservation area consent

163 Application of Part 3 to conservation areas

164 Urgent works to preserve buildings in conservation areas

165 Grant by Welsh Ministers for preservation or enhancement of conservation areas

166 Conservation area agreements

PART 5
SUPPLEMENTARY PROVISION ABOUT BUILDINGS OF SPECIAL INTEREST AND CONSERVATION AREAS

CHAPTER 1 EXERCISE OF FUNCTIONS BY PLANNING AUTHORITIES AND OTHER LOCAL AUTHORITIES

167 Fees and charges for exercising functions

168 Arrangements for exercising functions in relation to applications

169 Arrangements for obtaining specialist advice

170 Form of documents

171 Contributions towards expenditure by local authorities

CHAPTER 2 PROCEEDINGS BEFORE THE WELSH MINISTERS

Procedural provisions applying to appeals to Welsh Ministers

172 Fees for appeals

173 Determination of appeal by appointed person

Procedural provisions applying to appeals and other proceedings before Welsh Ministers

174 Choice of inquiry, hearing or written procedure

175 Procedural requirements

Local inquiries

176 Power of Welsh Ministers to hold local inquiry

177 Power of person holding inquiry to require evidence

178 Access to evidence at inquiry

179 Payment of appointed representative where access to evidence restricted

Costs of proceedings before Welsh Ministers

180 Payment of costs of Welsh Ministers

181 Orders relating to costs of parties

CHAPTER 3 VALIDITY AND CORRECTION OF DECISIONS

Validity of decisions and orders

182 Validity of certain decisions and orders relating to buildings

183 Application to High Court for statutory review of decision or order

184 Appeal to High Court against decision relating to enforcement notice

Correction of decisions of Welsh Ministers

185 Meaning of “decision document” and “correctable error”

186 Power to correct correctable errors in decision documents

187 Effect and validity of correction notice

CHAPTER 4 GENERAL

188 Representation of Crown and Duchy interests in land

189 Service of documents on the Crown

190 Enforcement steps in relation to Crown land

191 Meaning of “local authority” in this Part

PART 6
OTHER HERITAGE ASSETS AND RECORDS

192 Duty to maintain and publish register of historic parks and gardens

193 Duty to maintain and publish list of historic place names

194 Duty to maintain historic environment records

195 Access to historic environment records

196 Guidance to certain public bodies about historic environment records

PART 7
GENERAL

197 Power to require information by notice

198 Offences in connection with section 197

199 Information about interests in Crown land

200 Offences by bodies corporate

201 Civil sanctions

202 Making claims for compensation

203 Determination of compensation claims by Upper Tribunal

204 Compensation for depreciation of value of land

205 Service of notices and other documents: general

206 Additional provision about service on persons interested in or occupying land

207 Definitions relating to the Crown

208 Church of England land

209 Regulations under this Act

210 Interpretation

211 Consequential and transitional provision etc.

212 Coming into force

213 Short title

SCHEDULES

SCHEDULE 1 END OF INTERIM PROTECTION FOR MONUMENTS

SCHEDULE 2 DECISION ON REVIEW BY PERSON APPOINTED BY THE WELSH MINISTERS

SCHEDULE 3 AUTHORISATION FOR CLASSES OF WORKS

SCHEDULE 4 PROCEDURE FOR ORDERS MODIFYING OR REVOKING SCHEDULED MONUMENT CONSENT

SCHEDULE 5 TERMINATION BY ORDER OF SCHEDULED MONUMENT PARTNERSHIP AGREEMENT

SCHEDULE 6 PROCEEDINGS UNDER PART 2

SCHEDULE 7 END OF INTERIM PROTECTION OR TEMPORARY LISTING FOR BUILDINGS

SCHEDULE 8 PROCEDURE FOR ORDERS MODIFYING OR REVOKING LISTED BUILDING CONSENT

SCHEDULE 9 ACTION FOLLOWING SERVICE OF PURCHASE NOTICE

SCHEDULE 10 PROCEDURE FOR ORDERS TERMINATING LISTED BUILDING PARTNERSHIP AGREEMENTS

SCHEDULE 11 EFFECT OF SECTION 161 CEASING TO APPLY TO BUILDING

SCHEDULE 12 DETERMINATION OF APPEAL BY APPOINTED PERSON OR THE WELSH MINISTERS

SCHEDULE 13 MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS

SCHEDULE 14 TRANSITIONAL AND SAVING PROVISIONS

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

Historic Environment (Wales) Act 2023 is up to date with all changes known to be in force on or before 02 November 2025. There are changes that may be brought into force at a future date.

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 affected provisions when you open the content using the Table of Contents below.

View outstanding changes

Changes and effects yet to be applied to :

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. 111(8)(b)(i) words inserted by 2023 c. 55 Sch. 18 para. 7(a)(i) (Amendment to English text)
s. 111(8)(b)(ii) words inserted by 2023 c. 55 Sch. 18 para. 7(a)(ii) (Amendment to English text)
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)

Historic Environment (Wales) Act 2023

PART 2MONUMENTS OF SPECIAL HISTORIC INTEREST

CHAPTER 1KEY TERMS

2Meaning of “monument” and “site of monument”

CHAPTER 2SCHEDULE OF MONUMENTS OF NATIONAL IMPORTANCE

Schedule of monuments

3Duty to maintain and publish schedule of monuments

4Notification of owner etc. where the schedule is amended

Proposals to add or remove monument to or from the schedule: consultation and interim protection

5Consultation before adding or removing monument to or from the schedule

6Interim protection pending decision on certain amendments relating to the schedule

7When interim protection ends

8Compensation for loss or damage caused by interim protection

Review of decisions to amend schedule to add monuments etc.

9Review of decision to add monument to the schedule etc.

10Supplementary provision about reviews

CHAPTER 3CONTROL OF WORKS AFFECTING SCHEDULED MONUMENTS

Authorisation of works

11Requirement for works to be authorised

12Authorisation of classes of works

13Authorisation of works by scheduled monument consent

Applications for scheduled monument consent

14Applying for scheduled monument consent

15Declarations of ownership in respect of monument

16Power to refuse to consider similar applications

Determining applications for scheduled monument consent

17Procedure for determining applications and effect of grant of consent

Grant of scheduled monument consent subject to conditions

18Power to grant consent subject to conditions

19Condition about period within which works must start

Modification and revocation of scheduled monument consent

20Modification and revocation of consent

21Compensation for refusal of scheduled monument consent or grant of consent subject to conditions

22Recovery of compensation paid under section 21 on subsequent grant of consent

23Determination of amount recoverable under section 22

24Compensation where works affecting a scheduled monument cease to be authorised

CHAPTER 4SCHEDULED MONUMENT PARTNERSHIP AGREEMENTS

25Scheduled monument partnership agreements

26Further provision about scheduled monument partnership agreements

27Termination of agreement or provision of agreement

28Compensation in relation to termination

29Interpretation

CHAPTER 5ENFORCEMENT OF CONTROLS RELATING TO SCHEDULED MONUMENTS

Offences relating to unauthorised works

30Offence of carrying out unauthorised works or breaching condition of consent

Temporary stop notices

31Power of Welsh Ministers to issue temporary stop notice

32Duration etc. of temporary stop notice

33Offence of breaching temporary stop notice

34Compensation for loss or damage caused by temporary stop notice

Enforcement notices

35Power of Welsh Ministers to issue enforcement notice

36Service and taking effect of enforcement notice

37Variation and withdrawal of enforcement notice

38Effect of granting scheduled monument consent on enforcement notice

39Appeal against enforcement notice

40Powers to enter land and take steps required by enforcement notice

41Offence of failing to comply with enforcement notice

42Injunction to restrain unauthorised works or failure to comply with condition of consent

CHAPTER 6ACQUISITION, GUARDIANSHIP AND PUBLIC ACCESS

Acquisition of monuments of special historic interest

43Compulsory acquisition of monuments of special historic interest

44Acquisition by agreement or gift of monuments of special historic interest

Guardianship of monuments of special historic interest

45Power to place monument of special historic interest under guardianship

46Supplementary provision about guardianship deeds

47General functions of guardians

48Termination of guardianship

Acquisition and guardianship of land in the vicinity of a monument of special historic interest etc.

49Acquisition and guardianship of land in the vicinity of a monument

50Acquisition of easements and other similar rights over land in the vicinity of a monument

Agreements with occupiers of monuments or adjoining etc. land

51Agreements concerning management of monuments of special historic interest and land in their vicinity

Powers of limited owners

52Powers of limited owners for purposes of sections 45, 50 and 51

Transfer of ownership or guardianship and disposal of land

53Transfer of monuments of special historic interest between local authorities and the Welsh Ministers

54Disposal of land acquired under this Chapter

Public access to monuments under public control

55Public access to monuments under public control

56Power to make regulations and byelaws in connection with public access to monuments under public control

57Provision of facilities for the public in connection with monuments of special historic interest

CHAPTER 7GENERAL

Damage to monuments

58Offence of damaging certain monuments of special historic interest

59Compensation orders for damage to monuments under guardianship

60Restrictions on use of metal detectors

Urgent works for preservation of scheduled monument

61Works for preservation of scheduled monument in cases of urgency

Expenditure and advice in relation to monuments

62Expenditure on acquisition and preservation of monuments of special historic interest etc.

63Advice and supervision of work by Welsh Ministers

64Expenditure by local authorities on archaeological investigation

Powers of entry

65Powers of entry for inspection of scheduled monuments etc.

66Powers of entry relating to enforcement of controls on works

67Power of entry on land believed to contain monument of special historic interest

68Power of entry for survey and valuation in connection with claim for compensation

69Supplementary provision about powers of entry under this Part

70Compensation for damage caused by exercise of certain powers under this Part

71Treatment and preservation of finds

72Validity of certain decisions and orders under this Part

73Application to High Court for statutory review of decision or order

75Interpretation of this Part

PART 3BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST

CHAPTER 1LISTING BUILDINGS OF SPECIAL INTEREST

List of buildings

76Duty to maintain and publish list of buildings

77Notification of listing or de-listing of building

Proposals to list and de-list buildings: consultation and interim protection

78Consultation before listing or de-listing building

79Interim protection pending decision whether to list building

80Compensation for loss or damage caused by interim protection

Review of listing decisions

81Review of decision to list building

82Supplementary provision about reviews

Temporary listing

83Service of temporary listing notice

84Temporary listing in urgent cases

85End of temporary listing

86Compensation for loss or damage caused by temporary listing

Buildings not intended to be listed

87Certificate that Welsh Ministers do not intend to list building

CHAPTER 2CONTROL OF WORKS AFFECTING LISTED BUILDINGS

Authorisation of works

88Requirement for works to be authorised

89Authorisation of works by listed building consent

Applications for listed building consent

90Applying for listed building consent

91Notice of application to owners of building

Dealing with applications for consent

92Procedure for dealing with application

93Power to refuse to consider similar applications

94Reference of application to Welsh Ministers

95Notification to Welsh Ministers before granting consent

96Grant or refusal of consent

Grant of listed building consent subject to conditions

97Power to grant consent subject to conditions

98Condition about period within which works must start

99Application for variation or removal of conditions

Appeals to the Welsh Ministers

100Right to appeal against planning authority decision or failure to make decision

101Procedure for making appeal

102Restriction on varying application after service of notice of appeal

103Decision on application after service of notice of appeal

104Determination of appeal

105Applications by planning authorities and the Crown

106Applications relating to urgent works on Crown land

Modification and revocation of listed building consent

107Modification and revocation of consent

108Compensation where consent is modified or revoked

Right of owner of listed building to require purchase of interest

109Purchase notice where consent is refused, granted subject to conditions, modified or revoked

110Purchase notice in respect of Crown land

111Further provision about service of purchase notice

112Action following service of purchase notice

CHAPTER 3LISTED BUILDING PARTNERSHIP AGREEMENTS

113Listed building partnership agreements

114Further provision about listed building partnership agreements

115Termination of agreement or provision of agreement

116Compensation where agreement or provision is terminated

CHAPTER 4ENFORCEMENT OF CONTROLS RELATING TO LISTED BUILDINGS

Unauthorised works and intentional damage: offences

117Offence of carrying out unauthorised works or breaching condition of consent

118Offence of intentionally damaging listed building

Temporary stop notices

119Power of planning authority to issue temporary stop notice

120Duration etc. of temporary stop notice

121Offence of breaching temporary stop notice

122Compensation for loss or damage caused by temporary stop notice

Enforcement notices issued by planning authorities

123Power of planning authority to issue enforcement notice

124Service and taking effect of enforcement notice

125Variation and withdrawal of enforcement notice

126Effect of granting listed building consent on enforcement notice

Appeals and other proceedings relating to enforcement notices

127Right to appeal against enforcement notice

128Determination of appeal

129Grounds for appeal not to be raised in other proceedings

Compliance with enforcement notices

130Order to permit steps required by enforcement notice

131Power to enter land and take steps required by enforcement notice

132Recovery of costs of compliance with enforcement notice

133Offence of failing to comply with enforcement notice

Enforcement notices issued by Welsh Ministers

134Power of Welsh Ministers to issue enforcement notice

135Injunction to restrain unauthorised works or failure to comply with condition of consent

CHAPTER 5ACQUISITION AND PRESERVATION OF BUILDINGS OF SPECIAL INTEREST

Acquisition by agreement of buildings of special interest

136Power of planning authority to acquire building by agreement

Compulsory acquisition of listed buildings in need of repair

137Powers to acquire listed building compulsorily for purpose of preservation

138Requirement to serve repairs notice before starting compulsory acquisition

139Application to stop compulsory acquisition

140Direction for minimum compensation where building deliberately allowed to fall into disrepair

141Application for removal of direction for minimum compensation

142Ending of rights over land acquired compulsorily

Management, use and disposal of buildings

143Management, use and disposal of building acquired under this Chapter

Urgent preservation of listed buildings

144Urgent works to preserve listed building

145Power to require owner to meet costs of preservation works

146Further provision about recovery of costs of preservation works

Further provision about preservation of listed buildings

147Steps for preservation of listed buildings in disrepair

Finance for repair and maintenance of buildings of special interest etc.

148Grant or loan by local authority for repair or maintenance of building

149Recovery of grant made by local authority

150Grant by Welsh Ministers for repair or maintenance of building, garden etc.

151Acceptance by Welsh Ministers of endowment for upkeep of building

CHAPTER 6GENERAL

Powers of entry

152Powers to enter land

153Exercise of power to enter land without warrant

154Warrant to enter land

155Supplementary provision about powers of entry

156Exempt religious buildings

157Interpretation of this Part

PART 4CONSERVATION AREAS

Designation of conservation areas

158Designating areas of special architectural or historic interest as conservation areas

Duties relating to conservation areas

159Duty to formulate and publish proposals for preservation and enhancement of conservation areas

160Exercise of planning functions: general duty relating to conservation areas

Control of demolition in conservation areas

161Requirement for demolition to be authorised

162Authorisation of demolition by conservation area consent

163Application of Part 3 to conservation areas

Urgent preservation of buildings in conservation areas

164Urgent works to preserve buildings in conservation areas

Grants and conservation area agreements

165Grant by Welsh Ministers for preservation or enhancement of conservation areas

166Conservation area agreements

PART 5SUPPLEMENTARY PROVISION ABOUT BUILDINGS OF SPECIAL INTEREST AND CONSERVATION AREAS

CHAPTER 1EXERCISE OF FUNCTIONS BY PLANNING AUTHORITIES AND OTHER LOCAL AUTHORITIES

167Fees and charges for exercising functions

168Arrangements for exercising functions in relation to applications

169Arrangements for obtaining specialist advice

170Form of documents

171Contributions towards expenditure by local authorities

CHAPTER 2PROCEEDINGS BEFORE THE WELSH MINISTERS

Procedural provisions applying to appeals to Welsh Ministers

172Fees for appeals

173Determination of appeal by appointed person

Procedural provisions applying to appeals and other proceedings before Welsh Ministers

174Choice of inquiry, hearing or written procedure

175Procedural requirements

Local inquiries

176Power of Welsh Ministers to hold local inquiry

177Power of person holding inquiry to require evidence

178Access to evidence at inquiry

179Payment of appointed representative where access to evidence restricted

Costs of proceedings before Welsh Ministers

180Payment of costs of Welsh Ministers

181Orders relating to costs of parties

CHAPTER 3VALIDITY AND CORRECTION OF DECISIONS

Validity of decisions and orders

182Validity of certain decisions and orders relating to buildings

183Application to High Court for statutory review of decision or order

184Appeal to High Court against decision relating to enforcement notice

Correction of decisions of Welsh Ministers

185Meaning of “decision document” and “correctable error”

186Power to correct correctable errors in decision documents

187Effect and validity of correction notice

CHAPTER 4GENERAL

188Representation of Crown and Duchy interests in land

189Service of documents on the Crown

190Enforcement steps in relation to Crown land

191Meaning of “local authority” in this Part

PART 6OTHER HERITAGE ASSETS AND RECORDS

Historic parks and gardens

192Duty to maintain and publish register of historic parks and gardens

Historic place names

193Duty to maintain and publish list of historic place names

Historic environment records

194Duty to maintain historic environment records

195Access to historic environment records

196Guidance to certain public bodies about historic environment records

Powers to require information about interests in land

197Power to require information by notice

198Offences in connection with section 197

199Information about interests in Crown land

200Offences by bodies corporate

201Civil sanctions

202Making claims for compensation

203Determination of compensation claims by Upper Tribunal

204Compensation for depreciation of value of land

Service of documents

205Service of notices and other documents: general

206Additional provision about service on persons interested in or occupying land

207Definitions relating to the Crown

208Church of England land

209Regulations under this Act

210Interpretation

211Consequential and transitional provision etc.

212Coming into force

SCHEDULE 1END OF INTERIM PROTECTION FOR MONUMENTS

1Application of this Schedule

2Criminal liability

3Scheduled monument consent

4Temporary stop notices

5Enforcement notices

SCHEDULE 2DECISION ON REVIEW BY PERSON APPOINTED BY THE WELSH MINISTERS

1Application of this Schedule and meaning of “appointed person”

2Appointment of another person to make a decision on a review

3Appointment of assessor to assist appointed person

6Public Services Ombudsman (Wales) Act 2019 (anaw 3)

SCHEDULE 3AUTHORISATION FOR CLASSES OF WORKS

1Power to amend Schedule

SCHEDULE 4PROCEDURE FOR ORDERS MODIFYING OR REVOKING SCHEDULED MONUMENT CONSENT

PART 1NOTICE OF PROPOSED MODIFICATION OR REVOCATION

1Requirement to serve a notice of proposed modification or revocation

2Effect of notice under paragraph 1 on authorisation to carry out works

PART 2PROCEEDING TO MAKE AN ORDER AFTER SERVICE OF NOTICE

3Making an order under section 20

4Notification once order made

PART 3SUPPLEMENTARY

5Procedure after hearing or inquiry

SCHEDULE 5TERMINATION BY ORDER OF SCHEDULED MONUMENT PARTNERSHIP AGREEMENT

PART 1NOTICE OF PROPOSED TERMINATION

1Requirement to serve notice of proposed termination

2Effect on authorised works of service of notice of proposed termination

PART 2PROCEEDING TO MAKE AN ORDER AFTER SERVICE OF NOTICE

3Making an order under section 27

4Notification once order made

PART 3SUPPLEMENTARY

5Procedure after hearing or inquiry

SCHEDULE 6PROCEEDINGS UNDER PART 2

1Evidence at local inquiries

2Offence relating to failure to comply with summons under paragraph 1

3Costs of certain proceedings under this Part

4Costs of reviews held under section 9 by appointed person

SCHEDULE 7END OF INTERIM PROTECTION OR TEMPORARY LISTING FOR BUILDINGS

2Criminal liability

3Listed building consent

4Temporary stop notices

5Enforcement notices

SCHEDULE 8PROCEDURE FOR ORDERS MODIFYING OR REVOKING LISTED BUILDING CONSENT

PART 1ORDERS MADE BY PLANNING AUTHORITIES

1Circumstances in which orders take effect

2Procedure for confirmation of orders by Welsh Ministers

3Procedure for orders to take effect without confirmation

PART 2ORDERS MADE BY THE WELSH MINISTERS

4Procedure to be followed before making order

SCHEDULE 9ACTION FOLLOWING SERVICE OF PURCHASE NOTICE

1Response to purchase notice by planning authority

2Action to be taken by Welsh Ministers on rejection of purchase notice by planning authority

3Procedure before Welsh Ministers take action in relation to purchase notice

4Effect of Welsh Ministers’ action in relation to purchase notice

5Legal challenge to Welsh Ministers’ action in relation to purchase notice

6Deduction of compensation payable under section 108 on acquisition

7Interpretation of Schedule

SCHEDULE 10PROCEDURE FOR ORDERS TERMINATING LISTED BUILDING PARTNERSHIP AGREEMENTS

PART 1ORDERS MADE BY PLANNING AUTHORITIES

1Requirement for confirmation by Welsh Ministers

PART 2ORDERS MADE BY THE WELSH MINISTERS

2Procedure to be followed before making order

SCHEDULE 11EFFECT OF SECTION 161 CEASING TO APPLY TO BUILDING

2Criminal liability

3Conservation area consent

4Temporary stop notices

5Enforcement notices

SCHEDULE 12DETERMINATION OF APPEAL BY APPOINTED PERSON OR THE WELSH MINISTERS

2Powers and duties of appointed person

3Local inquiry, hearing or written representations

4Replacement of appointed person

5Direction under section 173(3)(b) that appeal is to be determined by Welsh Ministers

6Revocation of direction under section 173(3)(b)

7Supplementary provisions

SCHEDULE 13MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS

Settled Land Act 1925 (c. 18)

1In Part 2 of Schedule 3 to the Settled Land…

Historic Buildings and Ancient Monuments Act 1953 (c. 49)

2The Historic Buildings and Ancient Monuments Act 1953 is amended…

3Omit section 4.

4In section 4A— (a) in the heading, for “section 4”…

5(1) In section 5, after subsection (5) insert—

6Omit section 6.

7In section 8, after subsection (7) insert—

Land Powers (Defence) Act 1958 (c. 30)

8In section 6(4)(b) of the Land Powers (Defence) Act 1958,…

Public Health Act 1961 (c. 64)

9In the table in Schedule 4 to the Public Health…

The Harbours Act 1964 (c. 40)

9AIn Schedule 3 to the Harbours Act 1964, in paragraph…

Compulsory Purchase Act 1965 (c. 56)

10In section 1(4) of the Compulsory Purchase Act 1965—

Mines (Working Facilities and Support) Act 1966 (c. 4)

11In section 7 of the Mines (Working Facilities and Support)…

Civic Amenities Act 1967 (c. 69)

12Omit section 4 of the Civic Amenities Act 1967.

Redundant Churches and other Religious Buildings Act 1969 (c. 22)

13The Redundant Churches and other Religious Buildings Act 1969 is…

14In section 4— (a) in subsection (2)(b), after sub-paragraph (i)…

15In section 5(1), after “Secretary of State,”, in both places,…

Local Government Act 1972 (c. 70)

16In section 131(2) of the Local Government Act 1972, after…

Land Compensation Act 1973 (c. 26)

17In section 33D(4)(d) of the Land Compensation Act 1973, after…

Estate Agents Act 1979 (c. 38)

18In section 1(2)(e) of the Estate Agents Act 1979, after…

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

19The Ancient Monuments and Archaeological Areas Act 1979 is amended…

20In section 1— (a) in subsection (3), for “subsection” substitute…

21Omit sections 1AA to 1AE.

22In section 2— (a) omit subsections (3A) and (3B);

23In section 4(3), omit “Where a direction would (if given)…

24In section 6, omit subsection (5).

25In section 7(1), omit “the Secretary of State or (where…

26In section 8— (a) in subsection (2A), omit paragraph (c);…

27In section 9(1), omit “the Secretary of State or (where…

28Omit sections 9ZA and 9ZB and the italic heading before…

29Omit sections 9ZC to 9ZH and the italic heading before…

30Omit sections 9ZI to 9ZL and the italic heading before…

31Omit section 9ZM and the italic heading before it.

32In section 26, omit subsection (4).

33In section 27(2), for “section 1AD, 7, 9 or 9ZL”…

34In section 28— (a) in subsection (1), omit “situated in…

35In section 33— (a) after subsection (1) insert—

36In section 35(5), omit paragraph (aa).

37In section 38— (a) in subsection (3)(b), omit “and Wales”;…

38Omit section 41A and the italic heading before it.

39In section 42— (a) in subsection (1), omit “or of…

40In section 44(2), in the second sentence, omit the words…

41In section 45— (a) omit subsection (1);

42In section 46(3), omit “9ZF, 9ZJ,”.

43In section 50, omit subsection (3A).

44In section 51(3), omit “1AD, 9ZL,”.

45In section 53— (a) in subsection (2), for “, or…

46In section 55, omit subsection (3A).

47In section 56— (a) in subsection (1), omit paragraph (ca)…

48In section 60— (a) omit subsection (1A);

49In section 61— (a) in subsection (1)—

50Omit Schedules A1 and A2.

51In Schedule 1— (a) in paragraph 1, omit sub-paragraph (3);…

Local Government, Planning and Land Act 1980 (c. 65)

52In section 148(3) of the Local Government, Planning and Land…

Highways Act 1980 (c. 66)

53The Highways Act 1980 is amended as follows.

54In section 79(15)— (a) in paragraph (a), after “local highway…

55In section 105ZA(1), in paragraph (g) of the definition of…

New Towns Act 1981 (c. 64)

56In section 8 of the New Towns Act 1981, at…

Acquisition of Land Act 1981 (c. 67)

57In section 31(1)(a) of the Acquisition of Land Act 1981,…

National Heritage Act 1983 (c. 47)

58In Schedule 4 to the National Heritage Act 1983—

Inheritance Tax Act 1984 (c. 51)

59In section 230(3)(c) of the Inheritance Tax Act 1984, after…

Building Act 1984 (c. 55)

60The Building Act 1984 is amended as follows.

61In section 1A(2)— (a) in paragraph (a), after “(see section…

62In section 20(1), after “the Planning (Listed Buildings and Conservation…

63In section 77(3), after “subject to” insert “section 79A and…

64In section 79(5), after “subject to” insert “section 79A and…

65After section 79 insert— Wales: exercise of powers under sections…

Housing Act 1985 (c. 68)

66The Housing Act 1985 is amended as follows.

67In section 303, after “section 1 of the Planning (Listed…

68In section 305— (a) in subsection (1), after “Where a…

69In section 306— (a) in subsection (1), after “applies to…

Protection of Military Remains Act 1986 (c. 35)

70In section 9(1) of the Protection of Military Remains Act…

Town and Country Planning Act 1990 (c. 8)

71The Town and Country Planning Act 1990 is amended as…

72In section 70(3), as it has effect before section 5(8)…

73In section 108(3F), at the end insert “or the Historic…

74In section 137— (a) in subsection (6)—

75In section 143(4), after “Planning (Listed Buildings and Conservation Areas)…

76In section 157(1)(b)— (a) after “section 47 of the Planning…

77In section 232(1), after “Chapter V of Part 1 of…

78In section 235(6), in the definition of “alternative enactment”, after…

79In section 240(3), in the definition of “relevant acquisition or…

80In section 241(1), after “Chapter V of Part 1 of…

81In section 243(3)(b), after “Chapter V of Part 1 of…

82In section 246(1)(a), after “section 52 of the Planning (Listed…

83In section 271(1), after “Chapter V of Part 1 of…

84In section 272(1), after “Chapter V of Part 1 of…

85In section 275— (a) in subsection (1)(a), after “Chapter V…

86In section 277(2)(a), after “Chapter V of Part 1 of…

87In section 303, after subsection (1) insert—

88In section 303ZA(5)(b), which is inserted by section 200 of…

89In section 306(1)(a), after “Chapter V of Part 1 of…

90Before section 315 (but after the italic heading before that…

91In section 336(1)— (a) in the definition of “conservation area”,…

92In Schedule 4B, in paragraph 8(5), for “has the same…

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

93The Planning (Listed Buildings and Conservation Areas) Act 1990 is…

94In section 1— (a) in subsection (1), after “buildings of…

95In section 2— (a) in subsection (1)—

96Omit sections 2A to 2D.

97In section 3— (a) in the heading, omit “in England”;…

98Omit section 3A.

99In section 4(2), for “sections 3 and 3A,” substitute “section…

100In section 5— (a) at the beginning of subsection (1),…

101In section 6— (a) in the heading, omit “: England”;…

102Omit section 6A.

103In section 8— (a) in subsection (4)—

104In section 9, omit subsection (3A).

105In section 12, omit subsection (4B).

106In section 15(3), omit “in England”.

106AIn section 17(4), omit “in relation to England”.

107In section 20— (a) in subsection (4), omit “in relation…

108In section 21— (a) in subsection (4), omit “interim protection…

109In section 22— (a) omit subsection (2B);

110In section 26A(1), omit “, situated in England”.

111In section 26C(1), omit “in England”.

112In section 26D(1), omit “for any area in England”.

113In section 26H(1), omit “in England”.

114Omit sections 26L and 26M and the italic heading before…

115Omit section 28B.

116Omit section 29.

116AIn section 30— (a) in subsection (1)—

117In section 31— (a) in subsection (2), for “28, 28B,…

118In section 32(1), in the words after paragraph (b), omit…

119In section 34(2)— (a) in paragraph (c), omit “in England”;…

120In section 40, omit subsection (2B).

121In section 41— (a) in subsection (4)—

122In section 44A(4), omit “, as respects England,”.

122AIn section 44AA(1) and in the heading before it, omit…

122BIn the heading to section 44AB, omit “in England”.

122CIn the heading to section 44AC, omit “in England”.

123Omit sections 44B to 44D.

124In section 46— (za) in subsection (1A), omit “in England”;…

125In section 47— (a) in subsection (3)(a), omit “situated in…

126In section 48(4), omit “situated in England”.

127In section 49— (a) in the heading, after “listed building”…

128In section 52(1)— (a) in the words before paragraph (a)—…

129In section 53(3), omit “if they relate to property situated…

130In section 54— (a) in subsection (2)—

131In section 55, omit subsections (5A) to (5G).

132In section 57(7)— (a) in paragraph (a), for “, county…

133In section 60(2), omit “, 3A”.

134In section 61(2), for “sections 2B, 3, 3A,” substitute “sections…

135In section 62(2), omit paragraph (za).

136In section 66, after subsection (4) insert—

137In section 70— (a) in subsection (5)(b), omit “it affects…

138In section 74— (a) omit subsections (1), (1A) and (2);…

139In section 75— (a) omit subsection (6);

140In section 76(2), omit “in respect of a building in…

141In section 77— (a) in subsection (1), omit “situated in…

142In section 79— (a) in subsection (1), omit “, or…

143In section 80— (a) in subsection (1)(b), omit “in England”;…

144In section 81, after ““local planning authority”” insert “means a…

145In section 82— (a) in subsection (1)—

146In section 82A(2), omit paragraph (fa).

147In section 86(2)— (a) in paragraph (a), omit “if the…

147AOmit section 86(3).

148In section 88— (za) in subsection (3ZA), omit “in England”;…

149In section 88B, omit subsection (1A).

150In section 88D— (a) in the heading, omit “: England”;…

151Omit section 88E.

152In section 89— (a) in subsection (1)—

153In section 90— (a) in subsection (5), after “council of…

154In section 91— (a) in subsection (1)—

154AIn section 92(2)(b), for “29” substitute “28A” .

155In section 93— (a) in subsection (1), omit “in relation…

156In Schedule 1, in paragraph 2— (a) in sub-paragraph (3),…

157Omit Schedules 1A and 1B.

158In Schedule 2— (a) in paragraph 1—

159In Schedule 3— (a) in paragraph 2—

160In Schedule 4— (a) in paragraph 1—

Planning and Compensation Act 1991 (c. 34)

161The Planning and Compensation Act 1991 is amended as follows….

161AIn Schedule 6, omit paragraph 43.

161BIn Schedule 18— (a) omit the entry relating to section…

Coal Mining Subsidence Act 1991 (c. 45)

162In section 19 of the Coal Mining Subsidence Act 1991,…

Land Drainage Act 1991 (c. 59)

163In section 67(3) of the Land Drainage Act 1991, after…

Protection of Badgers Act 1992 (c. 51)

164In section 10(1)(e) of the Protection of Badgers Act 1992,…

Tribunals and Inquiries Act 1992 (c. 53)

165In section 16(1) of the Tribunals and Inquiries Act 1992,…

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

166In section 70 of the Leasehold Reform, Housing and Urban…

Local Government (Wales) Act 1994 (c. 19)

167The Local Government (Wales) Act 1994 is amended as follows….

168In Schedule 6, omit paragraph 25 and the italic heading…

169In Schedule 16, omit paragraph 56 and the italic heading…

Value Added Tax Act 1994 (c. 23)

170In Schedule 8 to the Value Added Tax Act 1994,…

Criminal Justice and Public Order Act 1994 (c. 33)

171The Criminal Justice and Public Order Act 1994 is amended…

172In section 60C(8), in paragraph (b) of the definition of…

173In section 61(9), in paragraph (a)(ii) of the definition of…

174In section 62E(2)(b), after “the Ancient Monuments and Archaeological Areas…

Environment Act 1995 (c. 25)

175In Schedule 9 to the Environment Act 1995, in paragraph…

Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11)

176In Schedule 2 to the Planning (Consequential Provisions) (Scotland) Act…

National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)

177In Schedule 1 to the National Assembly for Wales (Transfer…

Countryside and Rights of Way Act 2000 (c. 37)

178The Countryside and Rights of Way Act 2000 is amended…

179In section 15(1), after paragraph (d) insert— or

180In section 26(3)(b)(i), after “the Ancient Monuments and Archaeological Areas…

Planning and Compulsory Purchase Act 2004 (c. 5)

181In section 81 of the Planning and Compulsory Purchase Act…

Government of Wales Act 2006 (c. 32)

182The Government of Wales Act 2006 is amended as follows….

183In Schedule 3A, in the table in paragraph 1, omit…

184In Schedule 10, omit paragraph 36.

National Assembly for Wales Commission (Crown Status) (No. 2) Order 2007 (S.I. 2007/1353)

185In the National Assembly for Wales Commission (Crown Status) (No….

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

186In Schedule 7 to the Regulatory Enforcement and Sanctions Act…

Planning Act 2008 (c. 29)

187In Schedule 2 to the Planning Act 2008, omit paragraph…

Enterprise and Regulatory Reform Act 2013 (c. 24)

188In Schedule 17 to the Enterprise and Regulatory Reform Act…

Planning (Wales) Act 2015 (anaw 4)

189The Planning (Wales) Act 2015 is amended as follows.

190Omit section 39(3).

191Omit section 47(3).

192In Schedule 5, omit paragraphs 19 to 22 and the…

Historic Environment (Wales) Act 2016 (anaw 4)

193The Historic Environment (Wales) Act 2016 is repealed.

Housing and Planning Act 2016 (c. 22)

194In section 5(8) of the Housing and Planning Act 2016,…

Public Services Ombudsman (Wales) Act 2019 (anaw 3)

195In Schedule 5 to the Public Services Ombudsman (Wales) Act…

Sentencing Act 2020 (c. 17)

196In section 137(3) of the Sentencing Act 2020, for “is…

The Levelling-Up and Regeneration Act 2023 (c. 55)

197The Levelling-Up and Regeneration Act 2023 is amended as follows….

198In section 102— (a) in subsection (3), for the words…

199In section 103— (a) omit subsections (3) to (6);

200Omit section 105(3) and (4).

SCHEDULE 14TRANSITIONAL AND SAVING PROVISIONS

PART 1GENERAL PROVISIONS

1Statutory and other references to this Act

2Documents referring to repealed enactments

3Relationship with Legislation (Wales) Act 2019

4Interpretation

PART 2GUARDIANSHIP OF MONUMENTS

5Guardianship orders made under 1953 Act

6Control and management of monument where guardianship pre-dates 1979 Act

7Public access to monument where guardianship pre-dates 1913 Act

8Interpretation

PART 3MISCELLANEOUS

9Offence of breaching temporary stop notice in relation to scheduled monument

10Service and taking effect of enforcement notice in relation to scheduled monument

11Purchase notice served on council in relation to building in National Park

12Building preservation notices in England: compensation

Welsh Royal arms

Historic Environment (Wales) Act 2023

2023 asc 3

An Act of Senedd Cymru to consolidate certain enactments relating to the conservation of the historic environment of Wales.

[14 June 2023]

Having been passed by Senedd Cymru and having received the assent of His Majesty, it is enacted as follows: