Building (Scotland) Act 2003

29 Dangerous buildings S

(1) This section applies where it appears to a local authority that a building (a “dangerous building”) constitutes a danger to persons in or about it or to the public generally or to adjacent buildings or places.

(2) The local authority must carry out such work (including, if necessary, demolition) as it considers necessary—

(a) to prevent access to the dangerous building and to any adjacent parts of any road or public place which appear to the authority to be dangerous by reason of the state of the building, and

(b) otherwise for the protection of the public and of persons or property in places adjacent to the dangerous building,

and may recover from the owner of the dangerous building any expenses reasonably incurred by it in doing so.

(3) Where the local authority considers that urgent action is necessary to reduce or remove the danger it may, after giving the owner of the building such notice (if any) as the circumstances permit, carry out such work (including, if necessary, demolition) as it considers necessary to reduce or remove the danger and may recover from the owner of the dangerous building any expenses reasonably incurred by it in doing so.

(4) The work which may be carried out under subsection (3) is work which could have been specified in a notice under subsection (6) in relation to the dangerous building.

(5) A building warrant is not required for the carrying out of work by a local authority under subsection (2) or (3) but, after the completion of such work, the local authority must register in the building standards register a completion certificate certifying that the work has been carried out.

(6) Except where the danger has been removed by work carried out under subsection (3), the local authority must serve on the owner of the dangerous building a notice (a “dangerous building notice”) requiring the owner to carry out such work as the notice may specify.

(7) Section 30 makes further provision about dangerous building notices.

Commencement Information

I1 S. 29 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)