Chapter 2: Development plans etc Chapter 3: Heritage Section 105: Removal of compensation for building preservation notice Background
Having first consulted Historic England, Local planning authorities  may serve a Building Preservation Notice (‘BPN’)   on the owner and occupier of a building   which is not listed, but which they consider is of special architectural or historic interest  and is in danger of demolition or alteration in such a way as to affect its character as a building of such interest.
	If a BPN is served, an application to list the building must be made at the same time to the Secretary of State (via Historic England  . A BPN takes effect when it is served on the owner and occupier and is in force for a maximum of six months until either the Secretary of State for Culture, Media and Sport  lists the building or informs the authority that they do not intend to do so. If no decision (either to list or not to list) is taken in the six-month period, the BPN will lapse.
	Whilst the BPN is in force, the building is subject to the same protection as a listed building and any works to the building will require listed building consent  . If works are carried out without listed building consent the local planning authority can take enforcement action, potentially resulting in the institution of criminal proceedings.
	Previously, under the terms of section 29 of the Listed Buildings and Conservation 1990 Act ("the 1990 Act"), where a BPN ceases to have effect without the building being listed any person who at the time when the BPN was served has an interest in the building may make a claim to the local planning authority for compensation for any loss or damage directly attributable to the effect of the BPN. Section 105 removes the right to compensation.