The Law

The Building Act 1984: Sections 80-83

The Building Act 1984 contains provisions that enable Local Authorities to control certain demolition works (controlled demolition works) and places obligations on those persons intending to carry out controlled demolition works.

A Demolition Notice must be submitted for all demolition works except where the following applies:

  • an internal part of a building, where the building is occupied and it is intended that it should continue to be occupied,
  • a building that has a cubic content (as ascertained by external measurement) of not more than 1750 cubic feet, or, where a greenhouse, conservatory, shed or prefabricated garage forms part of a larger building, of that greenhouse, conservatory, shed or prefabricated garage, or
  • without prejudice to sub-paragraph above, of an agricultural building (as defined in section 26 of the General Rate Act 1967), unless it is contiguous to another building that is not itself an agricultural building or a building of a kind mentioned in that sub-paragraph.

Procedure

Where a person intends to carry out controlled demolition works they must give notice to the Local Authority in accordance with Section 80.

They must also inform:

  • the occupier/s of any adjacent building/s
  • the Gas Corporation
  • the area's electricity board

Upon receipt of a Demolition Notice the Local Authority has a statutory period of 6 weeks to issue the acceptance notice.

The Local Authority will also send a copy of the notice to any occupier/s of any adjacent building/s and if required to any Statutory Undertakers, the Fire Authority and the Health & Safety Executive.