Compulsory purchase orders and acquiring authorities: guidance on what to do before developing a CPO

5. Pre-actions Required by Statute

5.1. The exercise of certain compulsory purchase powers requires specific pre-actions or steps to have been completed before a CPO can be pursued. Acquiring Authorities should therefore always ensure that they have checked the enabling Act to identify where the legislation specifies pre-requisites that must be completed in addition to the normal procedural requirements for a CPO.

5.2. For example, local authorities may use powers under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to acquire a listed building compulsorily if they consider that reasonable steps are not being taken for properly preserving it.

5.3. In addition to the usual CPO considerations the Acquiring Authority must meet certain procedural requirements, including:

a. Demonstrating that it was expedient to make provision for the preservation of the building;

b. Serving a Listed Building Repairs Notice on the owner;

c. Providing evidence through the planning history of the site that demonstrates no reasonable steps are being taken by the owner for the proper preservation of the listed building and the building fabric continues to deteriorate, despite the Authorities efforts to resolve the situation; and

d. Adequately considering the public interest and providing a proportionate response in relation to the owners' rights.

A helpful took kit for Local Authorities provides further information on preserving Scotland's historic buildings at risk and can be found at https://www.buildingsatrisk.org.uk/toolkit