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The danger may have arisen from the condition of the property or from loads that a building or structure may be carrying.

Every day of the year local authority Building Control Officers regularly investigate reports of possible ‘dangerous structures’ and decide whether there is in fact a danger, and if so, whether the danger is potential or imminent.

Where a building or structure is considered to be in such a state or is carrying such loads as to be imminently dangerous and immediate action should be taken to remove the danger, the local authority may take such steps as are necessary for that purpose. Efforts would be made to contact the owner before this action is taken as the cost of such work is recoverable from the owner of the property.

If the survey indicates a potential danger it is usual for building control to serve informal notice on the owner requesting that steps be taken to remove the danger and giving reasonable time within which to carry out the work.

Where an owner fails to comply with an informal notice, steps can be taken by the local authority to apply to a Magistrates Court by way of complaint for an order.

A court may make an order requiring the owner to carry out such work as may be necessary to remove the danger, stipulating a time within which the work must be done, or where the danger arises from overloading of the building or structure, restricting its use until a court is satisfied that any necessary work has been done.

Below are outlined the most commonly asked questions on dangerous structures that may be of assistance.

What exactly can be termed a 'building or structure'?

'Any permanent or temporary building and any other permanent or temporary structure, or erection, of whatever kind or nature.'

What can be the cause of a 'dangerous structure'?

Neglect, vandalism, fire damage, storm damage, explosion, vehicle impact, unsafe working activities or practices.

Who is legally responsible for removing the danger?

The owner has a general duty of care in law to protect other people from any harm arising from the unsafe condition of their property. The involvement of the local authority does not remove this liability from the owner.

Generally speaking the local authority would only deal with a 'dangerous structure' if the owner; cannot be contacted, is unable or refuses to remove a danger, or is in default of a court order.

How does the Building Control Officer determine if there is a danger?

Recognising a danger can be difficult, but an experienced Building Control Officer is capable of identifying any hazards and making an assessment of the risks they represent to people’s safety.

What do the terms 'hazard' and 'risk' mean?

A hazard is the inherent ability of something to cause harm. A risk is the likely outcome of any failure and the likelihood of that failure occurring.

What is 'potential danger'?

'The probability of a collapse of all or part of an unsafe building or structure which renders them a danger to people'.

What sort of emergency work can the local authority take?

When necessary they can: barricade or fence off the danger, have the dangerous structure guarded, erect temporary shoring, remove the dangerous part, or demolish all or part of the dangerous structure.

When removing a danger is there other legislation I should know about?

Yes. In specific cases abating a ‘dangerous structure’ could bring about requirements or duties under the following Acts;

• The Highways Act 1980,
• The Building Act 1984,
• The Health and Safety at Work etc.
• Act 1974, The Party Wall etc. Act 1996,
• The Town and Country Planning Act 1990,
• The Planning (Listed Buildings and Conservation Areas) Act 1990.

A Building Control Officer will be able to advise an owner of the specific sections and relevance of each piece of legislation, and what procedures must be followed.

Reporting a problem

If you are concerned that the structure of a building is unsafe and making it dangerous, report it to the Council's Building Control section on 0151 606 2020. For out-of-hours emergencies, call 0151 647 7810.