PPS 6: Planning, Archaeology and The Built Heritage
Annex D: Compulsory Acquisition of Listed Buildings in Need of Repair
D9 If at least two months have elapsed following the service of a repairs notice and it appears that the listed building owner has not taken any reasonable steps for the proper preservation of the building, then under Article 109 of the 1991 Planning Order the Department, if it considers it expedient in order to preserve the building, may begin vesting order proceedings to compulsorily acquire the building. The vesting order may include the building together with any neighbouring land required for preserving the building or its amenities or for allowing access to it or for its proper control or management. Articles 87-93 of the 1991 Planning Order shall, with any necessary modifications, apply in relation to compulsory acquisition proceedings. Scheduled monuments and other buildings the subject of a guardianship or protection order under the Historic Monuments and Archaeological Objects (NI) Order 1995 are excepted from the provisions of Article 109.
D10 Compulsory acquisition is seen as a last resort. The Department’s Environment and Heritage Service may be able to offer financial assistance for repairs, or may advise on other methods of funding. If the owner is not interested in restoring the listed building or does not have the means, then selling or leasing the building to a restoring purchaser should be considered and the Buildings at Risk Register produced by the Ulster Architectural Heritage Society in association with Environment and Heritage Service may prove very helpful in finding a potential purchaser.