Building Preservation Notices (BPNs) serve as a safeguard against the demolition or alteration of unlisted buildings of special architectural or historic significance that may impact their unique character.
Under Section 3 of the Planning (Listed Buildings and Conservation Areas) Act 1990, local planning authorities (and national park authorities) possess the authority to issue BPNs to building owners or affix them to the building itself in urgent cases if they perceive a risk of demolition or alterations that could compromise its special character. BPNs take immediate effect, offering protection for up to six months, akin to listed status.
Simultaneously with issuing the BPN, the local planning authority (or national park authority) must apply to Historic England to have the building listed. Historic England evaluates the application and presents recommendations to the Secretary of State for Culture, Media, and Sport. Once a decision is reached, the BPN ceases to have effect.
Should the Secretary of State opt against listing the building, a subsequent BPN cannot be served within 12 months of the decision. Furthermore, the local planning authority (or national park authority) may be liable to compensate for any losses incurred due to the BPN.
Any alterations to a building subject to a BPN necessitate listed building consent. Failure to obtain consent constitutes an offence, regardless of the subsequent decision by the Secretary of State regarding listing the building.