Enforcement

The owners of listed buildings are under no legal obligation to maintain their property in a good state of repair.

When negotiation fails, local authorities have a range of statutory enforcement powers at their disposal.

At their lightest level they involve no more than the serving of formal warnings of action, but in the last resort they can lead to enforced repairs or compulsory purchase. 

Deciding which of the available powers to employ and in what combination will always depend on individual circumstances and the professional judgment of the local planning authority. 

Section 54 of the PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT 1990

LPAs can execute any works which appear to them to be urgently necessary for the preservation of a listed building in their area. 

• The works must be urgently necessary
• If the building is occupied, the works may be carried out only to those parts not in use
• The owner must be given a minimum of seven days’ written Notice with a description of the proposed works to be carried out
• Section 55 allows the costs of the works to be recovered from the owner
• The owner must be served a Notice requiring him to pay the expenses of the works. Owners may appeal to the Secretary of State within 28 days of the service of the Notice
• Section 76 enables the Secretary of State (after consulting Historic England) to direct that section 54 powers apply to an unlisted building in a conservation area, if its preservation is important for maintaining the character or appearance of the area 

REPAIRS NOTICE :Section 48 of the PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT 1990.

Local authorities may serve a Repairs Notice on the owner of a listed building specifying those works it considers reasonably necessary for the proper preservation of the building. 

• If, after a minimum of two months, it appears that reasonable steps are not being taken the authority can (but does not have to) begin compulsory purchase proceedings under section 47
• The authority can withdraw the Repairs Notice at any time (and must give Notice to the owner of the withdrawal)

COMPULSORY PURCHASE ORDER

• Requires the Secretary of State’s confirmation
• The Secretary of State has reserve powers and must consult Historic England before exercising them, or confirming a CPO made by a local authority  

Section 215 of the TOWN AND COUNTRY PLANNING ACT 1990.

Alternative or complementary action to Urgent Works Notices or Repairs Notices. 

• A Notice can be served if the amenity of a part of their area, or of an adjoining area, is adversely affected by the condition of their land
• A Notice will require steps for remedying the condition of the land within a specified timescale (not less than 28 days)
• Section 215 can be used in respect of any land designated or not, including buildings, in use or vacant
• You can be fined for non-compliance, but you may also appeal (before the Notice takes effect)
• Under section 219, if any steps required to be taken have not been taken, the local planning authority may (a) enter the land and take those steps; and (b) recover from the owner of the land any expenses reasonably incurred by them in doing

EMPTY DWELLING MANAGEMENT ORDERS (EDMO)

• Section 132 of the HOUSING ACT 2004.
• LPAs may issue EDMOs to enable them to take over management and control of a qualifying residential property. 
• Amended in 2012 to extend the required unoccupied period from 6 months to 2 years and add that there needed to be information suggesting they are causing a nuisance and that there is community support for the EDMO
• The order can be interim then final and works can be done to make it habitable and the costs reclaimed from the rent

AQUISITION OF LAND FOR HOUSING PURPOSES 

• Section 17 of the HOUSING ACT 1985
• LPAs may acquire houses or buildings that could be made suitable as houses by agreement of by a COMPULSORY PURCHASE ORDER authorised by the Secretary of State  

LAW OF PROPERTY ACT 1925

• Allows an LPA with a debt on a vacant property to register the debt as a charge registered in Part 2 of the LOCAL LAND CHARGES REGISTER. This gives the LPA all the powers and remedies of a mortgagee including the power to force the sale of a property to recover the debt.
• Enforced sale is one of the main tools used to deal with empty homes. Its use on empty domestic property can be quicker than a CPO
• Its main benefit is that the authority does not own the property during the procedure, thus avoiding any concerns that may be associated with acquiring the building
• In addition, it does not incur compensation payments to the owner. The local authority can also recover its expenditure on previous Notices including professional costs and interest
• It is therefore a good option to consider where debts have been incurred and a local authority now wishes to reclaim their money 

LPAs must consider using an Urgent Works OR Repairs Notice first.

DANGEROUS STRUCTURES ORDER - Requires the owner to make a building safe, or to demolish it. LPAs must apply to a magistrates’ court. Works are subject to listed building control and consent may be required.

EMERGENCY MEASURES - If it appears that: (a) a building or structure is dangerous; and (b) immediate action should be taken to remove the danger, they may take such steps as may be necessary.

RUINOUS AND DILAPIDATED BUILDINGS AND NEGLECTED SITES - Notice requiring the owner to execute works of repair or restoration necessary in the interests of ammenity OR if the owner chooses, demolition necessary in the interests of ammenity.

LPA must give Notice. If the person fails to comply the LPA can execute the order and recover costs.

Section 29 of the LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982.

Enables LPAs to undertake works to an unoccupied structure or building or one whose owner is temporarily absent, to prevent unauthorised entry or prevent it becoming a danger to public health. 

• LPA must serve a Notice on each owner notifying them that they propose to undertake the works under Section 29(6) 48 hours in advance.
• Notice is not needed if it is either: (a) necessary to undertake the works immediately or (b) that it is not reasonably practicable to ascertain the name and address of an owner 
• LPA may recover the expenses from the owner or the occupier
• There is a right of appeal to the county court within 21 days of a Notice being served 

Sections 79-82 of the ENVIRONMENTAL PROTECTION ACT 1990. 

LPAs may serve an abatement Notice on the owner or occupier of premises, or on the person responsible for the nuisance, requiring the abatement or prohibition of the nuisance or requiring the execution of any works necessary for those purposes. 

It is always worth considering the wider harm that may be being caused such as environmental damage and whether this could be tackled along with the harm to the heritage asset. These powers are useful for tackling the build-up of refuse, waste, vermin and dealing with this will help protect the building as well as the public. 

ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014.

This replaced the old ASBOs with a new CRIMINAL BEHAVIOUR ORDER. 

The act also introduced new COMMUNITY PROTECTION NOTICES (CPN) for dealing with place-specific anti-social behaviour e.g. persistent littering, noisy neighbours, fly posters etc. 

• A CPN may be issued to an individual aged 16 or over, or a body, if (a) the conduct of the individual or body is having a detrimental effect, of a persistent or continuing nature, on the quality of life of those in the locality, and (b) the conduct is unreasonable.
• The CPN can be used to prevent or reduce the detrimental effect by requiring the person: (a) to stop specified actions; (b) to do specified actions; (c) to take reasonable steps to achieve specified results; (d) to comply with the requirements within specified timeframes.
• A written warning giving time to deal with the matter should be used.

New PUBLIC SPACES PROTECTION ORDERS have also been introduced. These are similar in effect but apply to public areas of land rather than the owner’s property specifically. 

The LPA should make contact with owners as early as possible to draw their attention to risks to their property and suggest appropriate measures.

Deterioration is sometimes much worse than it would appear from the outside.

Investigating Ownership 

• Land Registry (accessed via the website) - requires a small fee and not all land in England is registered.

It is advisable to obtain Land Registry information even if the local authority believes it knows the owner’s identity, as the register entries may reveal other parties with an interest in the land, eg a freeholder with a lessee under a full repairing lease. 

• Requisition for Information - A RfI Notice under Section 330 of the PLANNING ACT 1990 gives the LPA power to obtain details of ownership. It is a criminal offence not to respond or to withhold or give false information.
• Company searches  - WebCheck, a service provided by the Companies House website

Under section 88 of the LISTED BUILDINGS ACT 1990, any person authorised by a local authority may enter land for a number of purposes, including the preparation of Urgent Works Notices and Repairs Notices, the execution of works, to ascertain compliance with a Notice and ascertain whether or not a building is being maintained in a proper state of repair. 

In the case of occupied buildings, a minimum of 24 hours’ written Notice must be given. If required, evidence should be produced of authority to enter and the purpose for which entry is sought should be stated. If the building is unoccupied and can be entered without forcing entry, the local authority is entitled to enter it without prior notification, provided that it is left as effectively secured against trespassers as it was found.

It is also possible to use these powers to enter land and property adjacent to the building for which action is being considered to inspect areas of the building.

Section 88 does not, however, permit forcible entry to the premises. If admission is refused, or the local authority receives no reply (which is deemed refused admission), it can apply to a local magistrates’ court for a warrant of entry. 

It is important to ensure that appropriate advisers (eg valuer; engineer) are on site.

Photographs are essential. When inspecting buildings to prepare Urgent Works Notices or Repairs Notices, take a comprehensive set of internal and external dated photographs, focusing on areas of failure, damage and rot, and existing architectural features.

Urgent Works Notices and Repairs Notices cannot be served in relation to:

• Ecclesiastical buildings in ecclesiastical use where exemption is retained under the Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 2010
• Listed buildings that are also scheduled monuments (provisions to secure urgent works to scheduled monuments are made under section 5 of the Ancient Monuments and Archaeological Areas Act 1979)
• Crown land, although an Urgent Works Notice may be served on any non-Crown interest in the land (such as a leaseholder) 
• The acquisition of Crown land is not permitted unless it is for the time being held by a body other than the Crown and the appropriate authority consents to the acquisition. Therefore it is unlikely to be possible to serve a Repairs Notice on Crown land.  

Further advice and Step-by-Step Guides on when and how to use any of these powers can be found at: https://historicengland.org.uk/images-books/publications/stoppingtherot/heag046b-stopping-the-rot/ 

This document also contains templates and example letters, Notices etc.

• Consider all the powers and tools you have 
• Work with other people - legal, enforcement, housing, regeneration, building control, environment, crime prevention/community safety, heritage champions, Historic England 
• Work through options step by step

Do not miss a single step unless it is not an option

• Escalate from Section 215, to Urgent Works Notice, to Repairs Notice.