This section describes the powers available to local authorities and also some of the help that is available. It includes:

Listed buildings
Local Authority powers over decaying buildings
Urgent Works Notices to preserve unoccupied listed buildings
Urgent Works Notices to preserve unoccupied buildings in Conservation Areas
Compulsory Purchase of a listed building in need of repair
Repairs Notices as preliminary action to Compulsory Purchase
Dangerous Structure Order
Amenity Notices
Work to unoccupied buildings
Statutory Nuisances
Empty Homes-Consultation Paper

Listed buildings (^ Top of Page)
The Secretary of State has the power to “list” buildings.
Grade I buildings are the finest and account for only around 6000 in total, nationally.
Grade II* buildings are next best and like grade I buildings are protected from significant alteration. There are about 18000 in this category.
Grade II buildings of which there are some half million may become the subject of change although generally protected.

Local Authority powers over decaying buildings (^ Top of Page)
Local Authorities have a duty to ensure that listed buildings are not allowed to fall into disrepair. Whilst owners are not under any statutory obligation to maintain their buildings in a good state of repair, they are obliged to keep them from falling into disrepair and should they fail to do so, the LA can intervene.

Where a building is under threat from the weather or vandalism or structural instability, the LA can issue an Urgent Works Notice. Where it is clear that a building is deteriorating and the owner is not going to carry out essential repairs the LA may start proceedings to Compulsorily Purchase it.

Urgent Works Notices to preserve unoccupied listed buildings (^ Top of Page)
Section 54 of the Planning (Listed Buildings and Conservation Areas) Act 1990 enables Local Authorities to execute any works which appear to them to be urgently necessary for the preservation of a listed building in their area. If the building is partly occupied, the works may be carried out only on those parts not in use.
Urgent works are for emergency repairs, for example works to keep a building wind- and weather-proof and safe from collapse, or action to prevent vandalism or theft. They should be the minimum required to secure the building’s preservation and prevent further deterioration.
Section 55 enables the authority to recover those expenses from the owner.

Urgent Works Notices to preserve unoccupied buildings in Conservation Areas (^ Top of Page)
The Secretary of State (SoS) can direct that Section 54 powers apply to an unlisted building in a Conservation Area, where its preservation is important for maintaining the character and appearance of that area. The SoS must consult English Heritage before giving such a direction.

Compulsory Purchase of a listed building in need of repair (^ Top of Page)
The Secretary of State may authorise a Local Authority to acquire a listed building, (or he may acquire it himself), if reasonable steps have not been taken to properly preserve it. The SoS must consult English Heritage before making or confirming a Compulsory Purchase Order.

An owner or anyone with an interest in the building can apply to a magistrates’ court to stay the CPO proceedings. The court will need evidence that reasonable steps have been taken to preserve the building.

Repairs Notices as preliminary action to Compulsory Purchase (^ Top of Page)
Section 48 of The Act enables local authorities to serve a Repairs Notice on the owner of a listed building, specifying those works which it considers reasonably necessary for the ‘proper preservation’ of that building. These powers are not confined to urgent works or to unoccupied buildings. If two months go by and no reasonable steps appear to have been taken, the local authority can begin Compulsory Purchase Order (CPO) proceedings under Section 47. CPO’s require the Secretary of State’s confirmation. A Repairs Notice can be withdrawn at any time by the Local Authority or the SoS. Similarly, CPO proceedings can be halted by the local authority at any time.

Local authorities are encouraged to pass on buildings acquired through CPOs to the private sector, as soon as possible, for example on a “back to back” basis to a buildings preservation trust.

Where a building is demolished after a Repairs Notice has been served, and the SoS is satisfied that he would have made a CPO, he can still compulsorily acquire the site of the building.
A building owner can serve a Listed Building Purchase Notice on the Local Authority or SoS after three months have passed since the issuing of the Repairs Notice, unless CPO proceedings have been started (and not discontinued).

Dangerous Structure Order (^ Top of Page)
Section 77 of the Building Act 1984 enables local authorities to apply to a Magistrate’s Court for an order requiring the owner to make a building safe, or to demolish it. If the owner fails to comply, the local authority can carry out the works and reclaim the expenses, or registered them as a local land charge.
Works under a Dangerous Structures Order are subject to listed building controls and consent may be required.

'Amenity' notices (^ Top of Page)
Section 215 of the Town and Country Planning Act 1990 enables local authorities to serve notice on the owner and occupier of land whose condition is adversely affecting the amenity of an area. The notice must specify the works necessary to remedy the condition of the land and a period after which the notice comes into effect. During this time the owner can appeal against the notice to a Magistrate’s Court.
Subject to the owner’s right to appeal, the local authority can carry out the works if the owner fails to comply and to reclaim the costs - again, registerable as a land charge. The local authority can also prosecute for non-compliance.

Work to unoccupied buildings (^ Top of Page)
Section 29 of the Local Government (Miscellaneous Provisions) Act 1982 enables local authorities to undertake works to an unoccupied building or one whose owner is temporarily absent, to prevent unauthorised entry or prevent it becoming a danger to the public’s health. 48 hours’ notice is required after describing the proposed works unless it is necessary to undertake them immediately or it had been impossible to ascertain the owner. Expenses, again, are recoverable.

Statutory Nuisances (^ Top of Page)
Sections 79-82 of the Environmental Protection Act enable local authorities to serve an abatement notice on the owner or occupier of premises, or on the person responsible for the nuisance, requiring the execution of any works necessary for those purposes. These include any premises deemed to be in such a state as to be prejudicial to health (Section 79 (1)(a)).

Empty Homes-Consultation Paper (^ Top of Page)
This is a Consultation paper issued May 2003 to give Local Authorities powers to take over empty houses and refurbish them for use.

Local Authority help (^ Top of Page)
Local authorities contribute to and administer Heritage Economic Regeneration Scheme (HERS) money on behalf of English Heritage in designated conservation areas. These grants can be up to 60% of the cost of structural repairs or the reinstatement of architectural features.
Schemes in Wolverhampton are:
St John’s Square conservation area
Worcester Street conservation area
Part of the City Centre conservation area
They also operate Townscape Heritage Initiative schemes, which are funded by the Heritage Lottery Fund.
Schemes in Wolverhampton are:
Bilston Town Centre