# Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, Section 5A: Certificate that building not intended to be listed

Extent: S

(1) Historic Environment Scotland may, on the application of any person, issue a certificate stating that it does not intend to include a building in a list compiled or approved under section 1.
(2) Where Historic Environment Scotland issues a certificate under subsection (1) in respect of a building—
(a) it may not for a period of 5 years from the date of issue exercise in relation to the building any of the powers conferred on it by section 1, and
(b) a planning authority may not for that period—
(i) serve a building preservation notice in relation to the building, or
(ii) affix such a notice under section 4(1).
(3) A person submitting an application to Historic Environment Scotland under subsection (1) must, at the same time as submitting it, give notice of the application to the planning authority within whose district the building is situated.

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Source: https://www.legislation.gov.uk/ukpga/1997/9/section/5A (the official version)
Page: https://openlegislation.uk/planning-listed-buildings-and-conservation-areas-scotland-act-1997/section-5A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.