PPS 6: Planning, Archaeology and The Built Heritage
Annex D: Repairs Notices
D7 If a listed building has fallen into a poor state of repair and reasonable steps have not been taken to properly preserve it, the Department may serve a repairs notice on the owner under Article 109(4) of the 1991 Planning Order. This notice will specify the works which the Department consider reasonably necessary for the proper preservation of the building and must explain that should the owner fail to comply with the requirements of the notice, then proceedings to compulsorily acquire the building may be started. These powers are not confined to urgent works, nor to unoccupied buildings, and could be used where prolonged failure by an owner to keep a listed building in a reasonable state of repair has placed the building at risk.
D8 The works will normally be limited to the preservation of the building as it was when listed. It can be used for repairs to deterioration in the building’s fabric since that date but not to restore other features that were already missing or damaged. If, however, repairs are necessary to preserve what remains of the rest of the building, for example, repairs to a roof which was defective at the time of listing, then these can be included in the repairs notice. The Department has the right to withdraw a repairs notice at any time. If the notice is withdrawn then the owner will be notified immediately. Unlike urgent works, the Department has no power to issue repair notices in respect of unlisted buildings in conservation areas.