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Section 161 Requirement for demolition to be authorisedI1

England and Wales

I2C1(1)

A person must not carry out works for the demolition of a building to which this section applies, or cause such works to be carried out, unless the works are authorised under section 162.

(2)

This section applies to any building in a conservation area, except—

(a)

a building which is a scheduled monument (but see section 11);

(b)

a listed building (but see section 88);

I3(c)

a building of a description specified in regulations made by the Welsh Ministers;

(d)

a building of a description specified in a direction given to an individual planning authority by the Welsh Ministers.

(3)

The Welsh Ministers may direct a planning authority that, despite any provision made by regulations under subsection (2)(c), this section is to apply to a building of a description specified in the direction.

(4)

Subsection (1) does not prohibit works carried out by or on behalf of the Crown in the circumstances set out in paragraphs (a) to (d) of section 117(4) (emergency works).

(5)

Schedule 11 makes provision about the effect of this section ceasing to apply to a building.

F1(6)

This section is subject to section 20(1)(c)(iii) of the Infrastructure (Wales) Act 2024 (authorisation by conservation area consent not required for development to the extent that infrastructure consent required).”.

Annotations

Textual amendments

F1

S. 161(6) inserted (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 15(6) (with s. 84(5)); S.I. 2025/698, art. 3(l)

Modifications

C1

S. 161(1) excluded (4.11.2024) by The Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024 (S.I. 2024/930), regs. 1(2), 23

Commencement

I1

S. 161 not in force at Royal Assent, see s. 212(2)

I2

S. 161(1)(2)(a)(b)(d), (3)-(5) in force at 4.11.2024 by S.I. 2024/860, art. 3(c)

I3

S. 161(2)(c) in force at 9.9.2024 by S.I. 2024/860, art. 2(1)(l)

Notes on Part 4

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))