(1)For the purposes of this Act and with a view to the guidance of planning authorities in the performance of their functions under this Act in relation to buildings of special architectural or historic interest, [F1Historic Environment Scotland] shall compile lists of such buildings or approve, with or without modifications, such lists compiled by other persons or bodies of persons, and may amend any list so compiled or approved.
(2)In considering whether to include a building in a list compiled or approved under this section, [F2Historic Environment Scotland] may take into account not only the building itself but also—
(a)any respect in which its exterior contributes to the architectural or historic interest of any group of buildings of which it forms part, and
(b)the desirability of preserving, on the ground of its architectural or historic interest, any feature of the building consisting of a man-made object or structure fixed to the building or forming part of the land and comprised within the curtilage of the building.
(3)Before compiling or approving, with or without modifications, any list under this section or amending any such list [F3Historic Environment Scotland] shall consult such persons or bodies of persons as appear to [F4it] appropriate as having special knowledge of, or interest in, buildings of architectural or historic interest.
(4)In this Act “listed building” means a building which is for the time being included in a list compiled or approved by [F5Historic Environment Scotland] under this section; and, for the purposes of this Act, the following shall [F6, subject to subsection (4A),] be treated as part of the building—
(a)any object or structure fixed to the building, and
(b)any object or structure within the curtilage of the building which, though not fixed to the building, forms part of the land and has done so since before 1st July 1948.
[F7(4A)In a list compiled or approved under this section, an entry for a building may provide—
(a)that an object or structure mentioned in subsection (4)(a) or (b) is not to be treated as part of the building for the purposes of this Act,
(b)that any part or feature of the building is not of special architectural or historic interest.]
(5)Schedule 1 (which makes provision as to the treatment as listed buildings of certain buildings formerly subject to building preservation orders) shall have effect.
Textual Amendments
F1Words in s. 1(1) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 2(a) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F2Words in s. 1(2) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 2(b) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F3Words in s. 1(3) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 2(c)(i) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F4Word in s. 1(3) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 2(c)(ii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F5Words in s. 1(4) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 2(d) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F6Words in s. 1(4) inserted (1.10.2015) by Historic Environment Scotland Act 2014 (asp 19), ss. 22(2)(a), 31(2) (with ss. 29, 30); S.S.I. 2015/196, art. 2, sch.
F7S. 1(4A) inserted (1.10.2015) by Historic Environment Scotland Act 2014 (asp 19), ss. 22(2)(b), 31(2) (with ss. 29, 30); S.S.I. 2015/196, art. 2, sch.
(1)Historic Environment Scotland must—
(a)publish any list compiled or approved under section 1, and any amendments of such a list, and
(b)make such lists available for public inspection,
in such manner as may be prescribed.
(2)Historic Environment Scotland must also—
(a)notify such persons as may be prescribed, and
(b)do so in such form and manner, and within such time, as may be prescribed,
of the inclusion of a building in, the amendment of an entry relating to a building in or the exclusion of a building from such a list.
(3)The Scottish Ministers may by regulations make further provision for—
(a)the publication of such lists,
(b)the making of such lists available for public inspection,
(c)the notification of the inclusion of a building in, the amendment of an entry relating to a building in or the exclusion of a building from such a list.
(4)Regulations under subsection (3) may in particular provide for planning authorities in whose districts any buildings included in such lists are situated to take any of the steps mentioned in that subsection.]
Textual Amendments
F8S. 1A inserted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 3 (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
Modifications etc. (not altering text)
C1S. 1A savings for effects of 2014 asp 19, Sch. 3 para. 3 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 13(2)
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Textual Amendments
F9S. 2 repealed (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 4 (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
(1)If it appears to a planning authority that a building in their district which is not a listed building—
(a)is of special architectural or historic interest, and
(b)is in danger of demolition or of alteration in such a way as to affect its character as a building of such interest,
they may serve on the owner, lessee and occupier of the building a notice (in this Act referred to as a “building preservation notice”).
(2)A building preservation notice shall—
(a)state that the building appears to the planning authority to be of special architectural or historic interest and that they have requested [F10Historic Environment Scotland] to consider including it in a list compiled or approved under section 1, and
(b)explain the effect of subsections (3) to (5) and Schedule 2.
(3)A building preservation notice—
(a)shall come into force as soon as it has been served on the owner, lessee and occupier of the building to which it relates, and
(b)subject to subsection (4), shall remain in force for 6 months from the date when it is served or, as the case may be, last served.
(4)A building preservation notice shall cease to be in force if [F11Historic Environment Scotland] —
(a)includes the building in a list compiled or approved under section 1, or
(b)notifies the planning authority in writing that [F12it] does not intend to do so.
(5)While a building preservation notice is in force with respect to a building, the provisions of this Act (other than section 53) and the principal Act shall have effect in relation to the building as if it were a listed building.
(6)If, following the service of a building preservation notice, [F13Historic Environment Scotland] notifies the planning authority that [F14it] does not propose to include the building in a list compiled or approved under section 1, the authority—
(a)shall immediately give notice of [F15Historic Environment Scotland's] decision to the owner, lessee and occupier of the building, and
(b)shall not, within the period of 12 months beginning with the date of [F16Historic Environment Scotland's] notification, serve another building preservation notice in respect of the building.
Textual Amendments
F10Words in s. 3(2) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 5(a) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F11Words in s. 3(4) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 5(b)(i) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F12Word in s. 3(4)(b) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 5(b)(ii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F13Words in s. 3(6) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 5(c)(i) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F14Word in s. 3(6) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 5(c)(ii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F15Words in s. 3(6)(a) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 5(c)(iii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F16Words in s. 3(6)(b) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 5(c)(iii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
Modifications etc. (not altering text)
C2S. 3 savings for effects of 2014 asp 19, Sch. 3 para. 5 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 14
(1)If it appears to the planning authority to be urgent that a building preservation notice should come into force, they may, instead of serving the notice on the owner, lessee and occupier of the building to which it relates, affix the notice conspicuously to some object on the building.
(2)The affixing of a notice under subsection (1) shall be treated for all the purposes of section 3, this section, sections 9 to 24 and Schedule 2 as service of the notice.
(3)A notice which is so affixed must explain that by virtue of being so affixed it is treated as being served for those purposes.
Schedule 2 (which makes provision as respects the lapse of building reservation notices) shall have effect.
(1)[F18Historic Environment Scotland] may, on the application of any person, issue a certificate stating that [F19it does] not intend to include a building in a list compiled or approved under section 1.
(2)Where [F20Historic Environment Scotland issues] a certificate under subsection (1) in respect of a building—
(a)[F21it] may not for a period of 5 years from the date of issue exercise in relation to the building any of the powers conferred on [F21it] by section 1, and
(b)a planning authority may not for that period—
(i)serve a building preservation notice in relation to the building, or
(ii)affix such a notice under section 4(1).
(3)A person submitting an application to [F22Historic Environment Scotland] under subsection (1) must, at the same time as submitting it, give notice of the application to the planning authority within whose district the building is situated.]
Textual Amendments
F17S. 5A inserted (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 18(1), 33(2); S.S.I. 2011/372, art. 2, sch.
F18Words in s. 5A(1) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 6(a)(i) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F19Words in s. 5A(1) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 6(a)(ii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F20Words in s. 5A(2) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 6(b)(i) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F21Word in s. 5A(2)(a) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 6(b)(ii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F22Words in s. 5A(3) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 6(c) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
Modifications etc. (not altering text)
C3S. 5A(1) savings for effects of 2014 asp 19, Sch. 3 para. 6(a) (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 15
(1)This section applies where Historic Environment Scotland makes a decision—
(a)to include a building in the list compiled or approved under section 1,
(b)to amend an entry in the list relating to a building (but not where the amendment excludes a building from the list).
(2)A person mentioned in subsection (3) may appeal the decision to the Scottish Ministers.
(3)The person is—
(a)the owner of the building,
(b)the tenant of the building,
(c)the occupier of the building.
Textual Amendments
F23Ss. 5B-5D inserted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 18 (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
(1)The Scottish Ministers may—
(a)dismiss an appeal under section 5B,
(b)allow such an appeal (in whole or in part).
(2)Where the Scottish Ministers allow an appeal, they may vary a part of the decision appealed against whether or not the appeal relates to that part of the decision.
(3)Where the Scottish Ministers allow an appeal, they may direct Historic Environment Scotland to exercise its power under section 1 to amend the list compiled or approved under that section to give effect to their decision.
(4)Except as provided for by sections 57 and 58, the decision of the Scottish Ministers on an appeal under section 5B is final.
Textual Amendments
F23Ss. 5B-5D inserted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 18 (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
(1)Regulations may make provision in connection with appeals under section 5B, including provision about—
(a)the grounds on which an appeal may be made,
(b)the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal.
(2)Regulations under subsection (1) may also make provision about the procedure to be followed, including—
(a)the form, manner and time for making an appeal,
(b)the notification of an appeal,
(c)the manner in which an appeal is to be conducted.
(3)Regulations made by virtue of subsection (2)(c) may also include provision that the manner in which an appeal, or any stage of an appeal, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard) is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act).
(4)Schedule 3 (which makes provision about the determination of certain appeals by a person appointed by the Scottish Ministers) applies to an appeal under section 5B.]
Textual Amendments
F23Ss. 5B-5D inserted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 18 (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.