Dangerous structures and public safety
The Building Control function of local authorities provides a
major contribution to the quality of health and safety of the
public. The duties and powers conferred on local
authorities under the legislation for dealing with Dangerous
Structures must be undertaken in such a manner as to ensure that
reasonable standards of safety are achieved.
Legislation
Building Act 1984, Sections 77 and 78.
Section 79, Ruinous or Dilapidated Structures, may be of
assistance in certain circumstances, as may also the Local
Government (Miscellaneous Provisions) Act 1982, Section 29
Protection of Buildings.
Procedures
Under Section 77, if it appears to a local authority that a
building or structure is in such a condition or is used to carry
such loads as to be dangerous, the authority may apply to a
magistrates court for an order requiring the owner to:
- Execute such work as may be necessary to obviate the danger;
or
- If he so elects, demolish the building or structure or part;
or
- Restrict its use
In practice it is customary to serve an information notice
requesting the owner to remedy the problem within a stated period,
before court action is resorted to. It should
also be noted that this section has effect subject to the provision
of the Planning (Listed Buildings and Conservation Areas) Act 1990
relating to listed buildings, building preservation orders and
conservation areas.
Section 78 provides that, if it appears that immediate action
should be taken, the local authority "may take such steps as may be
necessary for that purpose". However, Section 78
(2) states that before exercising that power, the local authority
shall, if reasonably practicable, give notice of their intention to
the owner and occupier.
General Notes
Statutory Notices must always be phrased so as to take account
of any historic building's listed status and should not require
demolition or removal without the agreement of the relevant Listed
Buildings Officer. See also the Planning (Listed
Buildings and Conservation Areas) Act 1990, Section 56.2.
When undertaking work to remove a Dangerous Structure there
are occasions when the property will be left insecure or exposed to
the elements. Although Section 78(4) implies
that "fencing off the building or structure, or arranging for it to
be watched" may be carried out, the Local Authority may decide to
undertake additional works under the Local Government
(Miscellaneous Provisions) Act 1982.
Enforcement
Under Section 77 the Building Act allows a Local Authority to
apply for a Court Order: the Local Authority may act in default to
execute the work.
Cost Recovery
The Local Authority may recover from the owner the expenses
reasonably incurred by them under Section 78 (i.e. removal of
immediate danger), but the Act does not allow for the recovery of
expenses for work done under Section 77 unless work is done in
default.
The Act requires a Court, during proceedings for the recovery
of expenses (for work done to remove immediate danger), to question
where immediate action was indeed necessary (and, therefore,
whether the costs can be recovered).
Notification of Dangerous Structures
Upon identification of an alleged dangerous structure an
inspection will be carried out within 2 hours during working hours
and as soon as possible outside normal working hours.
Where the inspection identifies the need for action, the
Officer in attendance will decide whether emergency measures are
required.
Emergency Measures
Under Section 78 of the Building Act 1984, the Surveyor on
duty will attempt to contact the owner and occupier to specify the
action that needs to be taken to remove the danger.
Where the owner or occupier either cannot be contacted or when
contacted cannot take immediate action to remove the danger, the
surveyor on duty will arrange for a contractor from the
Department's Dangerous Structure List to undertake the necessary
works.
In either case the Surveyor on duty will liaise with such
other Departments and Authorities (i.e. Highways, Police, Fire
etc.,) to co-ordinate the necessary controls to enable the work to
be carried out.
Following removal of the dangerous structure the Building
Control Services Manager or Principal Building Control Surveyor
will prepare a report on the occurrence which will be kept on the
Dangerous Structure File and entered onto a database.
Upon receipt of the contractor's invoice the Building Control
Services Manager will arrange for payment to be made through the
Finance Department.
The Building Control Services Manager will arrange for an
invoice to be issued to the owner or occupier to cover the cost of
the contractor's
works.
Allerdale Borough Council
