Scottish Executive tightens rules on altering heritage property

The Historic Environment (Amendment) Bill (Scotland), passed on 21st January 2011 clamps down on unauthorised works and alterations to Scheduled Ancient Monuments (SAM) and Listed Buildings (LB). Amongst the significant changes are the following points:

• The level of penalties for offences of carrying out unauthorised  works to either SAM’s or LB’s has been raised from £10,000 to £50,000, and fixed penalty notices can be applied in respect of LB’s. Any financial gain, such as increase in value as a result of unauthorised changes, will be taken into account in sentencing.
• A fine of up to £20,000 can be imposed for failure to comply with served Enforcement Notices, and new the Stop and Temporary Stop Notices by Scottish ministers as part of stronger enforcement measures.
• For those who plan to undertake alterations and improvements to a building but are in doubt as to whether the building may be listed in future there is provision of a new certificate under Section 18 (Scottish Ministers can apply listed status at any time on the advice of executive agency Historic Scotland who consider whether a building should be declared as listed as a result of special architectural or historic interest). The certificate will last for 5 years during which a building will neither be listed or be subject of a preservation order by planning authorities.
• Costs incurred by the authorities to carry out urgent works to a listed building can be recovered against not only the owner at the time of a breach of regulations, but also the current owner

 

Full details can be found on the Historic Scotland Website at:
www.historic-scotland.gov.uk/index/heritage/environmentbill.htm