There is no duty on an owner of a listed property to keep it in a specific state of repair or good condition. It is, however, important for owners of listed properties to be aware that local authorities do have powers to take action, where the condition of a heritage asset has deteriorated to the extent it is considered to be at risk. 

The Government has published guidance on the issue of repair notices and urgent works notices, pursuant to the Planning (Listed Buildings and Conservation Areas) Act 1990.

Some key points to note from this guidance indicate the following:

• The Secretary of State will normally only consider exercising its own powers where a local authority has decided not to take action to issue an urgent works or repair notice.
• The Secretary of State's view is that urgent works notices should be used for emergency repairs only, examples given include weatherproofing and action to prevent vandalism.
• Owners of listed buildings may be pleased to note that the guidance indicates the steps taken pursuant to an urgent works notice should be the minimum required, and should not incur an owner great expense.
• If a local authority intends to attempt to recover the cost of carrying out works itself, the financial circumstances of the owner should be taken into account at the outset and any sums the authority wishes to recover from an owner should not be unreasonable in relation to his or her means.

Whilst this is guidance only and does not amend the statutory powers, it is interesting to note that the Government seemingly wishes to soften the potential impact of an urgent works or repair notice on owners of listed properties.