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Building (Scotland) Act 2003

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This is the original version (as it was originally enacted).

30Dangerous building notices

This section has no associated Explanatory Notes

(1)The work to be specified in a dangerous building notice is the work for the repair, securing or demolition of the dangerous building which the local authority considers necessary to remove the danger.

(2)A dangerous building notice must specify dates by which the owner must have begun and completed the work required by the notice and may specify different dates for the commencement and completion of different work.

(3)Subsection (4) applies where the owner has not begun, or has not completed, work required by a dangerous building notice by the date specified under subsection (2) for its commencement or, as the case may be, completion (or such later date as the local authority may have substituted under subsection (6)(b)).

(4)Where this subsection applies—

(a)the owner is guilty of an offence, and

(b)the local authority may carry out the work necessary to complete the work required by the notice and may recover from the owner any expenses reasonably incurred by it in doing so.

(5)A building warrant is not required for the carrying out of any work required by a dangerous building notice or for the carrying out of any work by a local authority under subsection (4)(b) but, where such work is carried out by a local authority, the authority must, after the completion of the work, register in the building standards register a completion certificate certifying that the work has been completed in accordance with the notice in question.

(6)The local authority may at any time—

(a)withdraw a dangerous building notice,

(b)waive or relax any requirement of such a notice, including substituting a later date for a date specified under subsection (2).

(7)The withdrawal of a dangerous building notice does not affect the power of the local authority to issue a further such notice.

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