Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

Urgent preservation

49 Urgent works to preserve unoccupied listed buildings

(1) A planning authority may execute any works which appear to them to be urgently necessary for the preservation of a listed building in their district.

(2) The Secretary of State may execute any works which appear to him to be urgently necessary for the preservation of a listed building.

(3) The works which may be executed under this section may consist of or include works for affording temporary support or shelter for the building.

(4) If the building is occupied works may be carried out only to those parts which are not in use.

(5) The owner of the building shall be given not less than 7 days' notice in writing of the intention to carry out the works.

(6) The notice shall describe the works proposed to be carried out.

50 Recovery of expenses of works under section 49

(1) This section has effect for enabling the expenses of works executed under section 49 to be recovered.

(2) The planning authority or, as the case may be, the Secretary of State may give notice to the owner of the building requiring him to pay the expenses of the works.

(3) Where the works consist of or include works for affording temporary support or shelter for the building—

(a) the expenses which may be recovered include any continuing expenses involved in making available the apparatus or materials used, and

(b) notices under subsection (2) in respect of any such continuing expenses may be given from time to time.

(4) The owner may within 28 days of the service of the notice represent to the Secretary of State—

(a) that some or all of the works were unnecessary for the preservation of the building,

(b) in the case of works for affording temporary support or shelter, that the temporary arrangements have continued for an unreasonable length of time, or

(c) that the amount specified in the notice is unreasonable or that the recovery of it would cause him hardship,

and the Secretary of State shall determine to what extent the representations are justified.

(5) The Secretary of State shall give notice of his determination, the reasons for it and the amount recoverable—

(a) to the owner of the building, and

(b) to the planning authority, if they carried out the works.