Demolition control and advice

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

What is demolition work? 

What procedure must be followed?

When can demolition legally start? 

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

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

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

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. However, for your convinience you may use the Demolition form provided for this purpose.

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

The notice of intent for demolition should be made to Building Control 6 weeks prior to the intended demolition. The notice given to Building Control must be by the person undertaking the work and should include:

• The address of the building to be demolished
• Owners name and address
• The extent of the demolition work
• Name of the person carrying out the demolition
• The date the work will commence
• A Block Plan indicating the building or part to be demolished

It should also include a statement confirming that a copy of the notice has been sent to

• The owner/occupier of the adjacent buildings
• The relevant Utility Companies for disconnection of services etc

This service has its legal basis set out in Sections 80, 81 and 82 of the 1984 Building Act. (In some cases, prior consent is also required from the Council under the Town & Country Planning Act).

The Council can, when it is considered necessary, require any adjoining buildings that may have become exposed as a result of the demolition to be shored up and weatherproofed. Requirements can also be made regarding the removal of materials and rubbish from the demolition site, the disconnection and sealing of drains and general making good of the surface of the ground previously occupied by the building.

Failure to give notice of intention of demolition, or to comply with the Council's requirements, is a serious matter. When these requirements are not complied with the Council can use its enforcement powers. Those found guilty in the Magistrates' Court would be liable to a substantial fine.

The Building Act 1984 contains provisions that enable local authorities to control demolition works for the protection of public safety and to ensure adjoining premises and the site are made good on completion of the demolition. A notice of conditions is issued that require certain works to be undertaken to achieve these aims.

On receipt of the notice a surveyor from the Council will carry out a site survey to determine what conditions will be necessary to control the process of demolition, the remedial works needed on adjoining buildings, the effect on services and the treatment of the site on completion. All of these plus any other relevant conditions will be included in a "Counter Notice" (Section 81 Notice) which is then served on the person undertaking the demolition.

Demolition of certain buildings which are, or have been, in residential use, or adjacent to buildings in such use may require "Prior Approval" under the Planning Acts. Information on planning permission for demolition can be found under the Demolition permission page.

It may also be necessary to consult the Planning Officer who will advise whether the building(s) has or have any historical or architectural significance or whether the premises are situated in a conservation area. The purpose is to advise at an early stage whether specific and formal planning consent may be necessary for the demolition works. It is anticipated that this consultation period will take two weeks from the date the notice is given.

Attention is also drawn to the Construction Design and Management Regulations that apply to all demolition works.

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 on the Council.

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.