OpenLegislation

Section 118 Offence of intentionally damaging listed buildingI1I2

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A person commits an offence if, with the intention of causing damage to a listed building, the person does anything or permits anything to be done—

(a)

which causes or is likely to result in damage to the building, and

(b)

which the person would be entitled to do or permit were it not for this subsection.

(2)

Subsection (1) does not apply to—

(a)

works for which listed building consent has been granted;

(b)

anything done in relation to a scheduled monument (but see section 58);

(c)

works in relation to an exempt religious building;

(d)

anything authorised by planning permission granted or treated as having been granted on an application under the Town and Country Planning Act 1990 (c. 8);

(e)

anything for which development consent has been granted under the Planning Act 2008 (c. 29);

F1(f)

anything for which infrastructure consent has been given under the Infrastructure (Wales) Act 2024.

(3)

A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)

If a person convicted of an offence under subsection (1) fails to take any reasonable steps that are necessary to prevent damage or further damage resulting from the offence, the person is guilty of a further offence.

(5)

A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding one tenth of level 3 on the standard scale for each day on which the failure continues.

Annotations

Textual amendments

F1

S. 118(2)(f) inserted (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 15(5) (with s. 84(5)); S.I. 2025/698, art. 3(l)

Commencement

I1

S. 118 not in force at Royal Assent, see s. 212(2)

I2

S. 118 in force at 4.11.2024 by S.I. 2024/860, art. 3(b)

Notes on Part 3

Modifications

C1

Pts. 3-5 applied (4.11.2024) by S.I. 1999/1736, art. 11(1) (as amended by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 23(a))