Chapter 2: Development plans etc Chapter 3: Heritage Section 104: Urgent works to listed buildings: occupied buildings and recovery of costs Background
Subsections 54(4A), (5A) and 55(5A)-(5G) in the Planning (Listed Buildings and Conservation Areas) Act 1990 (the ‘1990 Act’) were inserted by the Welsh Government in 2016 into the Listed Buildings Act to extend the scope and options for the recovery of costs in relation to urgent works on listed buildings.
	Urgent works are generally restricted to urgent repairs to keep a building weather-proof and safe from collapse, or action to prevent vandalism or theft.
	The changes in Wales also enabled that where the whole or part of the building is in residential use, works may be carried out only where they would not interfere unreasonably with that use. This is subject to giving the occupier and owner seven days’ notice.
	This section extends similar provisions to listed buildings in England.
	The existing legislation allows for the recovery of costs for undertaking urgent works to a listed building through the serving of a notice on the owner. The owner may contest the recovery of expenses by making representations to the Secretary of State who will then determine the amount that is recoverable.