Listed buildings
Wales's first listed building was designated in 1949 and since then more than 30,000 buildings across the country have been listed. The following pieces of primary and subordinate legislation provide for their protection and sustainable management; all form part of the historic environment code.
Primary legislation
The Historic Environment (Wales) Act 2023
Part 3 of this Act, which comprises 6 Chapters, provides the basic legislation for:
- the listing of buildings of special architectural or historic interest (Chapter 1)
- the management of change to listed buildings through the listed building consent process (Chapter 2)
- listed building partnership agreements (Chapter 3)
- action against unauthorised works or deliberate damage to listed buildings (Chapter 4)
- the prevention of deterioration of listed buildings through compulsory purchase or urgent works and grants for repair or maintenance (Chapter 5)
- powers of entry relevant to Part 3 and exempt religious buildings (Chapter 6).
Part 5 of the Act contains further provisions that apply to listed buildings and conservation areas.
Paragraphs 244–589 of the explanatory notes for the Act cover the listed building provisions in Part 3. Paragraphs 633–684 of the explanatory notes relate to the provisions in Part 5.
Subordinate legislation
The Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024
These regulations control a range of detailed matters relating to the application of the listed building provisions in the Historic Environment (Wales) Act 2023, amongst which are:
- listed building consent application requirements including heritage impact statements and certificates of ownership
- the handling of consent applications including advertisement, notification to the Amenity Societies and the Welsh Ministers and decisions
- appeals against decisions of planning authorities
- consent applications by planning authorities and in respect of Crown land
- the interest rate that any expenses incurred by a local authority during urgent works will attract until recovery.
A heritage impact statement is the product of a structured heritage impact assessment process. This makes sure that the significance of the historic asset is taken into account when developing proposals for change. A core part of the design process, it tests whether proposals for change are appropriate by assessing their impact on significance. Access issues are fully considered unless the proposed works involve a private dwelling.Visit the heritage impact assessment page for further information.
The Listed Buildings (Partnership Agreements) (Wales) Regulations 2024
These regulations make provision for the consultation and publicity that a planning authority must undertake before it makes or varies a listed building partnership agreement.
The Listed Buildings (Exempt Religious Buildings) (Wales) Regulations 2024
Under section 156 of the Historic Environment (Wales) Act 2023, the Welsh Ministers may, by regulations, exempt religious buildings used for religious purposes from certain provisions applied to listed buildings, including the requirement for works to be authorised by listed building consent. In practice, the exemption is limited to buildings belonging to religious denominations that can show that they have internal systems of control that are, at least, equivalent to those of the consent processes of planning authorities. These regulations identify those denominations as:
- the Baptist Unions of Great Britain and Wales
- the Church in Wales
- the Church of England
- the Methodist Church
- the Roman Catholic Church.
While the preceding regulations had to be completely remade to accommodate the changes made by the Historic Environment (Wales) Act 2023, only consequential amendments were necessary to bring the following regulations into line with the Act and add the declaration that they now form part of the historic environment code.
The Listed Buildings (Review of Listing Decisions) Wales Regulations 2017
These regulations set out the grounds for reviews of listing decisions and various detailed procedural matters.
The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006
These regulations contain procedural provisions relating to appointed representatives at inquiries at which access to evidence is restricted.
These regulations contain a procedural provision relating to publicity associated with an appeal.
The Town and Country Planning (Enforcement Notices and Appeals) (Wales) Regulations 2017
These regulations contain procedural regulations relating to appeals against enforcement notices.
The Town and Country Planning (Referred Applications and Appeals Procedure) (Wales) Regulations 2017
These regulations contain procedural provisions relating to applications referred to the Welsh Ministers and appeals.