How is the moratorium enforced?
The moratorium is enforced by a restriction placed with Land Registry. To prevent enforcement action (that is, the cancellation of a transfer), when a new owner applies to the Land Registry to register a change of ownership of a listed asset, they will need to provide the Land Registry with a certificate from the Council's solicitor that the disposal did not contravene the moratorium requirements.
If a non-compliant disposal of a listed asset occurs, the transfer will be 'void,' meaning that the change of ownership will not have occurred. If the transfer has been registered on the Land Register in error, it will still be void, and would have to be rectified. This penalty will not apply if the owner was unaware through no fault of their own that the land was listed when it was sold.
Owners are encouraged to seek independent legal advice on these points.