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Demolition Of Property

Is there other legislation on demolition I should know about?

Yes. In specific cases consent maybe needed for the intended demolition under:-

  • The Town and Country Planning Act 1990
  • The Planning (Listed Buildings and Conservation Areas) Act 1990
  • The Ancient Monuments and Archaeological Areas Act 1979

In all instances you are obliged to notify the Health and Safety Executive of an intended demolition and to comply with the duties imposed under the Construction (Design and Management) Regulations 1994.

Failure to comply with these regulations is a criminal offence.

It may also be necessary to serve notice on adjoining owners under the Party Wall etc. Act 1996. at least one month before starting any work.

Demolition is often the final solution when a building, or part of a building, is in such a condition as to be of no further use, dangerous or in a ruinous and neglected state.

Before any preliminary work for demolition takes place there are obligations under the Building Act 1984 that must be observed and followed by anyone intending to demolish a building.

Below are outlined the most frequently asked questions on demolition that may be of assistance:-

 

What is demolition work?

Demolition can be the complete removal of a single building, or a number of linked buildings, however the taking down of part of a building may also be demolition controlled by the Building Act.

Is all demolition controlled by the Building Act?

No, exempt from control is the demolition of:-

  • an internal part of an occupied building. or
  • a building, or extension, of a cubic content not more than 1750 cubic
  • feet [approx. 50 cubic metres] or
  • a greenhouse, conservatory, shed or prefabricated garage, or
  • an agricultural building.

What procedure must be followed?

The local authority's Building Control Service must be informed in writing of the intended demolition. This notice of intent should specify the building to which it relates and a description of the proposed demolition work, but this need not be set out on a special form.

Copies of this notification must be sent to:-

  • the occupier of any building adjacent to the building to be demolished. and
  • any supplier of gas or electricity to the building to be demolished.

Legally no one should start a demolition unless the coucil has been notified.

When can demolition legally start?

A demolition can start after the Building Control Service has issued a local authority counter notice, or six weeks from the date the notice of intent was served.

What is a 'local authority counter notice' and what is it for?

A local authority counter notice enables the council to impose controls on a demolition in order to secure the protection of the public and the preservation of public amenity during the demolition operation.

It will contain a number of requirements and conditions on how the demolition is to be undertaken, how the site is to be left on completion and how long the demolition is expected to take.

When is a demolition unauthorised and what could be the implications?

A demolition would be unauthorised, and therefore illegal, if the work was to start:

  • without pre-notification being given to the council.
  • prior to the council issuing a relevant counter notice.
  • before six weeks have elapsed from the date the initial notice was served.

In these cases an offence would have been committed that could result in conviction in a magistrates court, this would not however prevent the authority from serving it's counter notice and instigating proceeding for a fine.

What if the demolition is not finished within the specified period?

The council have powers under the Building Act to complete the demolition at the owners expense and for instigating legal proceedings for a fine.

See Also