What is a Building Preservation Notice?
A Building Preservation Notice is something you might come across in connection with an old, historic or architecturally important building.
A Building Preservation Notice (or BPN) is also sometimes known informally as a preservation order or building preservation order.
Article updated: September 2026
It is an official notice, used by local councils, under which a specific building is treated as if it were listed, so consent is needed before any alteration, extension or demolition that would affect its special architectural or historic character, as Historic England's permissions guidance describes for listed buildings. It protects the building for up to 6 months, if it is at risk of demolition or development, to give time for Historic England to assess the building and submit a report to the Secretary of State for Culture, Media and Sport to consider whether to provide the building with a formal listed status.
This can at times be controversial, as it is often used with well-intentioned meaning, if a building is dangerous, suffering from dry rot or derelict, and the owner wishes to demolish it rather than undertake costly repairs, a building preservation notice can stop that from happening.
These notices are usually issued as an interim measure pending consideration of the listed building status for the building.
In England, a Building Preservation Notice is a notice served under section 3 of the Planning (Listed Buildings and Conservation Areas) Act 1990. In Wales the equivalent notice has been served under the Historic Environment (Wales) Act 2023 since 4 November 2024, when that Act replaced the 1990 Act there, as Cadw's timeline records. The rest of this article describes the English rules unless it says otherwise.
A Building Preservation Notice takes effect as soon as it has been served on the owner and the occupier.
What a Building Preservation Notice Means
In practice, a BPN means that the building has the same protection as a listed building. That is, official consent must be obtained before certain changes can be made to it.
Buildings subject to a Building Preservation Notice have de facto listed building status from the time the notice is served, for up to six months.
Which Buildings may be Subject to a Building Preservation Notice?
A BPN can be issued on ANY type or age of building. They can be applied to residential, commercial or industrial buildings. They can be applied to buildings which are being used as well as vacant properties.
A council can only serve a Building Preservation Notice on a building it considers to be of special architectural or historic interest and in danger of demolition, or of alteration that would affect its character. Both conditions have to be met, as the government's principles of selection set out. The interest might come from the building's age, its design, or because a person or event of historical significance is connected with it.
Although BPNs are normally issued to protect very old buildings, they do not have to be.
It is also not specific to a 'type' of property either, it is only specific to the building, although it is unlikely to have a building preservation notice on a typical residential house with no additional community interest like a standard link-detached house.
Who Issues Building Preservation Notices?
Building Preservation Notices are normally issued by an officer representing the local planning authority (normally the local council) in the area in which the property is located.
BPNs can be served to the owner and the occupier of a building, including a tenant.
In England, before a building preservation notice can be issued, the local authority must consult Historic England first. That has been a legal requirement since 25 July 2024, when changes to section 3 of the Act came into force, and Historic England aims to give its consultation response within 3 working days.
Objecting to a Building Preservation Notice
Owners and occupiers who are issued with a BPN cannot object nor appeal against it. If the building subsequently becomes listed they can ask the Department for Culture, Media and Sport to review the listing decision, within 28 days of the decision being published, as the principles of selection set out. In Wales the review goes to Planning and Environment Decisions Wales within 12 weeks of the decision, on the ground that the building is not of special architectural or historic interest, as Cadw's listing guidance explains.
Compensation has changed in England. For a notice served from 25 July 2024, Historic England's guidance states that the local planning authority is no longer liable to pay compensation for losses incurred as a result of serving a BPN on a building the Secretary of State decides not to list. Before that date an owner in that position could claim compensation from the local authority. In Wales the notice works in a similar way, but Cadw assesses the building, and its listing guidance says compensation for loss or damage may be payable if the building is then not listed.
How Long Does a Building Preservation Notice Last?
A BPN lasts for up to six months from the day it is served. It ends sooner if the building is listed in that time, or if the Secretary of State tells the council in writing that the building will not be listed.
After a written decision not to list, the council cannot serve another notice on the building for 12 months from that notification.
Penalties for Contravening a Building Preservation Notice
The penalties for contravening a BPN are the same as those for a listed building, and unauthorised work is a criminal offence under section 9 of the Act. They apply if certain work is done to the building and if consent is not obtained for that work.
The local authority can take enforcement action against anyone organising or carrying out work without consent. Penalties can include fines, imprisonment for up to two years, and a requirement to restore the building to its former state.
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