Explanatory Notes

Building (Scotland) Act 2003

2003 asp 8

26 March 2003

The Act - an Overview

Part 4: Defective and Dangerous Buildings

Section 29: Dangerous buildings

93.This section places duties on a local authority where it appears to it that a building presents a danger to people in or about that building, to the public generally, or to adjacent buildings or places. Under subsection (2) the authority must carry out work to prevent access to the dangerous building and adjacent places and to protect the public. Subsections (3) and (4) give a local authority power, where it considers that urgent action is necessary to remove or reduce a danger, to carry out the necessary work, including demolition. In cases of urgency, the subsection recognises that it may not be possible to give prior notice to the owner.

94.Subsection (5) provides that a local authority does not require a building warrant for work carried out in relation to dangerous buildings under subsections (2) and (3) but must register in the building standards register a completion certificate certifying that the work has been carried out.

95.Unless work carried out under subsection (3) removes the danger, the local authority must serve a dangerous building notice on the owner (subsection (6)).