Keeping historic buildings in good repair and, where possible, in use, is the key to their preservation. Owners of listed buildings are under no statutory obligation to maintain their property in a good state of repair, although it is in their interests to do so. Local authorities can take action to secure repair when it becomes evident that a building is being allowed to deteriorate.
The escalating enforcement measures (Section 215 Notices, Urgent Works Notices, Repairs Notices and Compulsory Purchase Orders) afforded to local authorities can be very effective tools to help secure the preservation of historic buildings.
In conjunction with the Institute of Historic Building Conservation, English Heritage has updated their guidance on enforcement to help local authorities make effective use of these powers. It provides step-by-step advice on the use of the main procedures and includes case studies and a selection of specimen letters, notices, schedules and agreements.
This Grade II listed building in Gloucestershire (see above) was already at risk from neglect when a fire left it uninhabitable and open to the elements. Over the next few years the local authority used a Listed Building Enforcement Notice followed by an Urgent Works Notice to stabilise its condition. Finally, a Repairs Notice, with its threat of a Compulsory Purchase Order, was the catalyst that persuaded the owner to sell the property at a realistic price. As a result, this significant building was sold to a new owner, the local authority's debt was paid from the proceeds of the sale and repairs have been successfully completed without the need for further enforcement action (see below).
