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

7 Authorisation of works: listed building consent. S

(1) Works for the alteration or extension of a listed building are authorised if—

(a) the planning authority or the Secretary of State has granted written consent for the execution of the works, and

(b) the works are executed in accordance with the terms of the consent and of any conditions attached to it.

(2) Works for the demolition of a listed building are authorised if—

(a) such consent has been granted for their execution,

(b) notice of the proposal to execute the works has been given to [F1 Historic Environment Scotland] ,

(c) after such notice has been given either—

(i) for a period of at least 3 months following the grant of listed building consent, and before the commencement of the works, reasonable access to the building has been made available to [F2 Historic Environment Scotland] for the purpose of recording it, or

[F3 (ii) Historic Environment Scotland has stated in writing that it has completed its recording of that building or that it does not wish to record it,] and

(d) the works are executed in accordance with the terms of the consent and of any conditions attached to it.

(3) Where—

(a) works for the alteration, extension or demolition of a listed building have been executed without such consent, and

(b) written consent is granted by the planning authority or the Secretary of State for the retention of the works,

the works are authorised from the grant of that consent.

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The Secretary of State may by order provide that subsection (2) shall have effect with the substitution for the reference to [F5 Historic Environment Scotland] of a reference to such other body as may be so specified.

(6) Such an order shall apply in the case of works executed or to be executed on or after such date as may be specified in the order.

(7) Consent under subsection (1), (2) or (3) is referred to in this Act as “listed building consent”.

Textual Amendments

F1 Words in s. 7(2)(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. 8(a)(i) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F2 Words in s. 7(2)(c)(i) 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. 8(a)(ii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F3 S. 7(2)(c)(ii) 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. 8(a)(iii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F4 S. 7(4) 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. 8(b) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F5 Words in s. 7(5) 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. 8(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)

C1 Ss. 6-25 applied (with modifications) (1.10.2015) by The Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015 (S.S.I. 2015/243), regs. 1, 15, sch. 3 (with reg. 2)

C2 S. 7(2) savings for effects of 2014 asp 19, Sch. 3 para. 8(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), 16