Planning (Listed Buildings and Conservation Areas) Act 1990
Last amended by Enterprise and Regulatory Reform Act 2013 in 2013. Streamlined the heritage consent regime — introduced certificates of lawfulness of proposed works and listed building consent orders, and abolished separate conservation area consent, merging it into planning control.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Planning (Listed Buildings and Conservation Areas) Act 1990 is the principal statute protecting the historic built environment in England and Wales. It provides for the listing, by the Secretary of State, of buildings of special architectural or historic interest (graded I, II*, and II), and makes it an offence to demolish, alter, or extend a listed building in a way that affects its special interest without 'listed building consent' (s.7, s.9). It requires decision-makers, when considering applications, to have special regard to the desirability of preserving the building and its setting (s.16, s.66). The Act also provides for the designation of conservation areas — areas of special architectural or historic interest whose character it is desirable to preserve or enhance — and the controls that apply within them. It was significantly reformed by the Enterprise and Regulatory Reform Act 2013, which streamlined the consent regime and merged conservation area consent into planning permission.
Key Points
- Listing of buildings of special architectural or historic interest, graded I, II*, and II
- Listed building consent required for demolition, alteration, or extension affecting special interest (s.7)
- Criminal offence to carry out unauthorised works to a listed building (s.9)
- Duty to have special regard to preserving a listed building and its setting (s.16, s.66)
- Designation of, and controls within, conservation areas
Parts & Sections
Amendments History
2013 — Enterprise and Regulatory Reform Act 2013
Streamlined the heritage consent regime — introduced certificates of lawfulness of proposed works and listed building consent orders, and abolished separate conservation area consent, merging it into planning control.
Frequently asked questions
- What is the main law that protects historic buildings in England and Wales?
- The Planning (Listed Buildings and Conservation Areas) Act 1990 is the main law protecting historic buildings in England and Wales. It allows the Secretary of State to list buildings of special architectural or historic interest. It also creates rules for conservation areas and makes it a criminal offence to damage listed buildings without permission.
- Do I need permission to change or extend a listed building?
- You must get listed building consent before demolishing, altering, or extending a listed building if the work affects its special architectural or historic interest. Carrying out these works without consent is a criminal offence. The law specifically prohibits actions that would affect the building's character as a listed structure.
- What happens if I work on a listed building without permission?
- Yes, it is a criminal offence to carry out unauthorised works to a listed building. If convicted, you can be punished with an unlimited fine or imprisonment. This applies to demolition, alteration, or extension that affects the building's special interest without the required listed building consent.
- How do planning officers treat listed buildings when deciding applications?
- The Act requires decision-makers to have special regard to preserving a listed building, its setting, and any features of special interest it possesses. This duty applies when they are considering planning applications or exercising other planning functions related to the building.
- How did the 2013 reforms change the rules for conservation areas?
- The Enterprise and Regulatory Reform Act 2013 changed the rules by merging conservation area consent into standard planning permission. It also streamlined the process by introducing certificates of lawfulness of proposed works and listed building consent orders, making the heritage consent regime simpler.