Control of works for demolition, alteration or extension of listed buildings
44.—(1) Subject to this Part, if a person executes or causes to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, and the works are not authorised under paragraph (2), he shall be guilty of an offence.
(2) Works for the demolition, alteration or extension of a listed building are authorised under this Part if—
(a)written consent for the execution of the works has been granted by the Department and the works are carried out in accordance with the terms of the consent and any conditions which may be attached to the consent; and
(b)in the case of demolition—
(i)a person duly authorised in writing by the Department has been afforded reasonable access to the building for a period of at least one month following the grant of listed building consent and before the commencement of the works, for the purpose of recording it; or
(ii)the Department has stated in writing that it has completed its recording of the building or that it does not wish to record it.
(3) If written consent is granted by the Department for the retention of works for the demolition of a listed building, or for its alteration or extension, which have been executed without consent under paragraph (2), the works are authorised under this Part from the grant of the consent under this paragraph.
(4) Consent under paragraph (2) or (3) is referred to in this Order as “listed building consent”.
(5) Without prejudice to paragraph (1), if a person executing or causing to be executed any works in relation to a listed building under a listed building consent fails to comply with any condition attached to the consent he shall be guilty of an offence.
(6) A person guilty of an offence under paragraph (1) or (5) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine and in determining the amount of any fine imposed on a person convicted on indictment the court shall have particular regard to any financial benefit which has accrued or is likely to accrue to him in consequence of the offence.
(7) In proceedings for an offence under this Article it shall be a defence to prove the following matters—
(a)that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building;
(b)that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter;
(c)that the works carried out were limited to the minimum measures immediately necessary; and
(d)that notice in writing justifying in detail the carrying out of the works was given to the Department as soon as reasonably practicable.
(8) This Article shall not apply to works for the demolition, alteration or extension of—
(a)an ecclesiastical building which is for the time being used for ecclesiastical purposes or would be so used but for the works; or
(b)a building which is the subject of a guardianship or protection order under the [1971 17 (N.I.)] Historic Monuments Act (Northern Ireland) 1971; or
(c)a building for the time being included in a schedule of historic monuments published by the Department under that Act;
and for the purposes of this paragraph, a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building.
(9) Paragraph (8) shall cease to have effect on such date as the Department may by order appoint.