Building Act 1984

Buildings

69 Provision of water supply in occupied house

(1) Where a local authority are satisfied that an occupied house has not a supply of wholesome water in pipes in the house sufficient for the domestic purposes of the occupants, the local authority may—

(a) if they are satisfied that in all the circumstances it is reasonable to require the owner of the house to connect it to a supply of water in pipes provided by statutory water undertakers, give notice to the owner requiring him to connect the house as aforesaid, or

(b) if they are not satisfied that it is reasonable in all the circumstances to require the owner to connect the house as aforesaid, but are satisfied that it is reasonable to require him otherwise to take water into the house by means of a pipe, give notice to the owner requiring him so to take water into the house,

within a time specified in the notice.

(2) Where a local authority are satisfied that—

(a) an occupied house has not within a reasonable distance of it a supply of wholesome water sufficient for the domestic purposes of the occupants, and

(b) in all the circumstances it is not reasonable to require the owner to connect the house, or to take water into the house, as aforesaid,

the authority may give notice to the owner requiring him to provide a sufficient supply of wholesome water within a reasonable distance of the house within a time specified in the notice.

(3) Where the local authority are so satisfied as aforesaid with respect to each of two or more houses, and are further satisfied that the needs of those houses can most convenientlly be met by means of a joint supply, they may give notice accordingly under either subsection (1) or subsection (2) above to the owners of all those houses.

(4) If a person to whom a notice has been given under this section objects to the requirement of the local authority, he may, within 28 days after service on him of the notice, appeal to a magistrates' court, and, upon any such appeal, the court may either disallow the requirement of the local authority or allow it with or without modifications.

(5) If a requirement contained in a notice given under this section, including a requirement modified by the court under subsection (4) above, is not complied with—

(a) within the time specified in the notice, or

(b) if the court extends that time, within the time as so extended,

the local authority may themselves provide, or secure the provision of, a supply of water to the house or houses in question and may recover any expenses reasonably incurred by them in so doing from—

(i) the owner of the house, or

(ii) where two or more houses are concerned, the owners of those houses in such proportions as may be determined by the authority or, in case of dispute, by a magistrates' court,

but an owner shall not be required to pay more than £300 in respect of any one house.

(6) The Secretary of State may by order increase the amount specified in subsection (5) above, and where such an order is made—

(a) the statutory instrument containing it is subject to annulment in pursuance of a resolution of either House of Parliament, and

(b) the order does not apply to a notice given under this section before the commencement of the order.

(7) Where—

(a) any houses with respect to which the local authority are, by reason of notices not having been complied with, in a position to take action under subsection (5) above are situated within the limits of supply of statutory water undertakers, and

(b) the aggregate amount of the water rates that would be payable annually by owners or occupiers of those houses at the rates charged by the undertakers is such that a requisition could be made by those owners or occupiers under section 29 of Schedule 3 to the [1945 c. 42.] Water Act 1945 or under that section as modified by any enactment regulating the undertaking,

the local authority may themselves make such a requisition, and the undertakers shall comply with it as if it had been made by the owners or occupiers of the houses, and those owners or occupiers are deemed to have made the requisition and to have entered into an agreement with the undertakers to take a supply of water for the minimum period mentioned in the said section, or in the said section as so modified.

(8) Where under this section a supply of water is furnished to a house by statutory water undertakers., water rates may be made on the premises and recovered as if the owner or occupier of the house had demanded and agreed to pay water rates for a supply.

(9) Where under this section two or more houses in the occupation of different persons are supplied with water by a common pipe belonging to the owners or occupiers of those houses or parts of houses, or to some of them, the local authority may—

(a) when necessary, repair or renew the pipe, and

(b) recover any expenses reasonably incurred, by them in doing so from the owners or occupiers of the houses in such proportions as may be determined by the authority or, in case of dispute, by a magistrates' court.

70 Provision of food storage accommodation in house

(1) If it appears to a local authority that a house, or part of a building that is occupied as a separate dwelling, is without sufficient and suitable accommodation for the storage of food, the local authority may by notice require the owner of the house or building to provide the house or building with sufficient and suitable accommodation for that purpose.

(2) Sections 99 and 102 below apply in relation to a notice given under subsection (1) above.

(3) Among the grounds on which an appeal may be brought under section 102 below against such a notice are—

(a) that it is not reasonably practicable to comply with the notice;

(b) that—

(i) the need for the works to be executed under the notice would not, in whole or in part, arise but for the occupation of part of the building as a separate dwelling, and that the occupation of that part as a separate dwelling is a matter in respect of which the appellant has a cause of action, and

(ii) the person against whom the appellant has a cause of action ought to contribute towards the expenses of executing the works.

(4) Where the grounds on which an appeal under section 102 below is brought include the ground specified in subsection (3)(b) above—

(a) the appellant shall serve a copy of his notice of appeal on the person or persons referred to in that ground of appeal, and

(b) on the hearing of the appeal the court may make such order as it thinks fit with respect to—

(i) the contribution to be made by any such person towards the cost of the works, or

(ii) the proportion in which any expenses that may be recoverable by the local authority are to be borne by the appellant and any such other person.

71 Entrances, exits etc. to be required in certain cases

(1) If it appears to a local authority that a building to which this section applies is not provided with such means of ingress and egress and passages or gangways as the authority, after consultation with the fire authority, deem satisfactory, regard being had to—

(a) the purposes for which the building is used, and

(b) the number of persons likely to resort to it at any one time,

the authority shall by notice require the owner of the building to execute such work and make such provision in regard to the matters aforesaid as may be necessary.

(2) Sections 99 and 102 below apply in, relation to a notice given under subsection (1) above.

(3) If the authority are satisfied that the safety of the public requires that immediate action should be taken in the case of any building as respects which they have given a notice under subsection (1) above, they may apply to a magistrates' court, and the court may make such temporary order as it thinks fit for the closing of the building to, or for restricting its use by, the public

(4) The person having the control of any building to which this section applies shall take steps to secure that the means of ingress and egress and the passages and gangways, while persons are assembled in the building, are kept free and unobstructed, except in so far as the local authority may, after consultation with the fire authority, otherwise approve, and if he fails to do so he is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(5) This section applies to the buildings to which section 24 above applies.

(6) This section has effect subject to section 30(3) of the [1971 c. 40.] Fire Precautions Act 1971.

72 Means of escape from fire

(1) If it appears to a local authority, after consultation with the fire authority, that—

(a) a building to which this section applies is not provided, or

(b) a proposed building that will be a building to which this section applies will not be provided,

with such means of escape in case of fire as the local authority, after such consultation, deem necessary from each storey whose floor is more than twenty feet above the surface of the street or ground on any side of the building, the authority shall by notice require the owner of the building, or, as the case may be, the person proposing to erect the building, to execute such work or make such other provision in regard to the matters aforesaid as may be necessary.

(2) Sections 99 and 102 below apply in relation to a notice given under subsection (1) above in so far as it requires a person to execute works.

(3) In so far as such a notice requires a person to make provision otherwise than by the execution of works, he is, if he fails to comply with the notice, liable on summary conviction to a fine not exceeding level 4 on the standard scale and to a further fine not exceeding £2 for each day on which the offence continues after he is convicted.

(4) In proceedings under subsection (3) above, it is open to the defendant to question the reasonableness of the authority's requirements.

(5) Where building regulations imposing requirements as to the provision of means of escape in case of fire are applicable to a proposed building or proposed extension of a building, or would be so applicable but for a direction under section 8 above dispensing with such requirements—

(a) this section, and

(b) any provision of a local Act that has effect in place of this section,

does not apply in relation to the proposed building or extension.

(6) This section applies to a building that exceeds two storeys in height and in which the floor of any upper storey is more than twenty feet above the surface of the street or ground on any side of the building and that—

(a) is let in flats or tenement dwellings,

(b) is used as an inn, hotel, boarding-house, hospital, nursing home, boarding-school, children's home or similar institution, or

(c) is used as a restaurant, shop, store or warehouse and has on an upper floor sleeping accommodation for persons employed on the premises.

(7) This section has effect subject to section 30(3) of the [1971 c. 40.] Fire Precautions Act 1971.

73 Raising of chimney

(1) Where, after the 3rd October 1961 (which was the date of commencement of the relevant provisions of the [1961 c. 64.] Public Health Act 1961)—

(a) a person erects or raises a building (in this section referred to as “the taller building ”) to a greater height than an adjoining building, and

(b) any chimneys or flues of an adjoining building are in a party wall between the two buildings or are six feet or less from the nearest part of the taller building,

the local authority may by notice—

(i) require that person, within such time as may be specified in the notice, to build up those chimneys and flues, if it is reasonably practicable so to do, so that their top will be of the same height as the top of the chimneys of the taller building or the top of the taller building, whichever is the higher, and

(ii) require the owner or occupier of the adjoining building to allow the first-mentioned person to enter on that building and carry out such work as may be necessary to comply with the notice served on him,

except that, if the said owner or occupier, within fourteen days from the date of service of the notice on him, serves on the first-mentioned person and on the local authority a notice (in this section referred to as a “counter-notice ”) that he elects to carry out the work himself, the owner or occupier shall comply with the notice served under paragraph (i) above instead of the first-mentioned person and may recover the expenses reasonably incurred in so doing from that person.

(2) A person on whom a notice is served under paragraph (i) or paragraph (ii) of subsection (1) above may appeal to a magistrates' court.

(3) If—

(a) a person on whom a notice is served under paragraph (i) of subsection (1) above fails to comply with the notice, except in a case where the owner or occupier of an adjoining building has refused to allow entry on that building, or has refused to allow the carrying out of any such work as may be necessary to comply with the notice, or has served a counter-notice, or

(b) a person on whom a notice is served under paragraph (ii) of subsection (1) above fails to comply with the notice or, having served a counter-notice, fails to comply with the notice served under paragraph (i) of that subsection,

he is liable on summary conviction to a fine not exceeding level 1 on the standard scale, and the local authority may themselves carry out such work as may be necessary to comply with the notice served under the said paragraph (1), and recover the expenses reasonably incurred in doing so from the person on whom that notice was served.

74 Cellars and rooms below subsoil water level

(1) No person shall without the consent of the local authority construct a cellar or room in, or as part of, a house, shop, inn, hotel or office if the floor level of the cellar or room is lower man the ordinary level of the subsoil water on, under or adjacent to the site of the house, shop, inn, hotel or office.

(2) Subsection (1) above does not apply to—

(a) the construction of a cellar or room carried out in accordance with plans deposited on an application under the [1964 c. 26.] Licensing Act 1964 to licensing justices on which they made a provisional grant of—

(i) a justices' licence for the premises of which the cellar or room forms part, or

(ii) a removal of a justices' licence to those premises, or

(b) the construction of a cellar or room in connection with a shop, inn, hotel or office that forms part of a railway station.

(3) If a person constructs a cellar or room in contravention of subsection (1) above, or of any condition attached to a consent under this section—

(a) he is liable on summary conviction to a fine not exceeding level 1 on the standard scale, and

(b) the local authority may by notice require him either to alter the cellar or room so that its construction will no longer contravene the said subsection or condition or, if he so elects, to fill it in or otherwise make it unusable.

(4) Sections 99 and 102 below apply in relation to a notice given under subsection (3) above, subject to the following modifications—

(a) section 99(1) requires the notice to indicate the nature of the works of alteration and that of the works for making the cellar or room unusable, and

(b) section 99(2) authorises the local authority to execute, subject to that subsection, at their election either the works of alteration or the works for making the cellar or room unusable.

(5) If the owner for the time being of the house, shop, inn, hotel or office causes or permits a cellar or room forming part of it to be used in a manner that he knows to be in contravention of a condition attached to a consent under this section, he is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

75 Consents under s. 74

(1) A consent under section 74 above may be given subject to such conditions as to the construction or use of the premises as may be specified in it, and conditions specified in such a consent are binding on successive owners of the house, shop, inn, hotel or office.

(2) If a local authority—

(a) refuse an application for such a consent, or

(b) attach any conditions to such a consent,

the person applying for the consent may appeal to a magistrates' court against the refusal or, as the case may be, against any of the conditions, and if a magistrates' court allows an appeal against a refusal to grant a consent it may direct the local authority to give their consent subject to such conditions, if any, as appear to the court to be appropriate.

(3) An application may be made at any time to the local authority for the variation or withdrawal of a condition attached to such a consent, and, if the local authority refuse the application, the applicant may appeal to a magistrates' court.