Planning controls and repairs to listed buildings
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WQ.63/2026
WRITTEN QUESTION TO THE MINISTER FOR THE ENVIRONMENT
BY DEPUTY R.S. KOVACS OF ST. SAVIOUR
QUESTION SUBMITTED ON MONDAY 2nd MARCH 2026 ANSWER TO BE TABLED ON MONDAY 9th MARCH 2026
Question
"Given the controls contained within the Planning and Building (Jersey) Law 2002 in relation to works undertaken on Listed Buildings, will the Minister explain what discretion, if any, exists following storm or fire damage, to undertake works which would normally be prohibited when there are concerns about any such Building's structure, integrity or safety; and will he advise whether temporary works are treated differently to permanent repairs?"
Answer
Works to Listed buildings, designated under Article 51 of the Planning and Building (Jersey) Law 2002, are controlled, whether the works constitute "development" or whether they are operations that do not amount to development, but which may affect the building's special interest.
Permitted development rights, established under the General Development Order[1], enable certain repair and maintenance works, but these rights do not generally extend to works to Listed buildings. However, where emergency works are required and they do not materially affect the external appearance of the building, they may be carried out.
In practice, heritage and planning officers respond quickly after incidents such as storms or fires to advise on appropriate emergency and temporary stabilisation works. These may include shoring, temporary coverings or other measures needed to protect the structure. Owners are encouraged to seek professional advice so that any planning applications required for permanent repairs can be prepared and processed without delay.
Where a building poses a proven danger to public health or safety, Article 66 of the Planning and Building (Jersey) Law 2002 provides for the service of a Dangerous building notice requiring works to make the building safe or to restore it. When such a notice is issued, Article 73 deems both planning permission and, where necessary, building permission to have been granted.
Accordingly, there is discretion within the Law for the Minister and Chief Officer to enable essential emergency and temporary works to Listed buildings following storm, fire or similar incidents while ensuring that longerterm repairs follow the appropriate consent process.
[1] Part 3: Repairs, maintenance and minor works to land and buildings – Class K.1: The carrying out of work for the maintenance or repair of a building