Local Government (Miscellaneous Provisions) Act 1982

28 Control of demolitions

(1) The following sections shall be substituted for section 29 of the [1961 c. 64.] Public Health Act 1961 (powers of local authority in relation to demolitions)—

“29 Duty to give local authority notice of intended demolition.

(1) This section applies to any demolition of the whole or part of a building except—

(a) a demolition in pursuance of a demolition order made under the [1957 c. 56.] Housing Act 1957; and

(b) a demolition—

(i) of an internal part of a building where the building is occupied, and it is intended that it should continue to be occupied; or

(ii) of a building which has a cubic content (as ascertained by external measurement) of not more than 1750 cubic feet, or, where a greenhouse, conservatory, shed or prefabricated garage forms part of a larger building, of that greenhouse, conservatory, shed or prefabricated garage; or

(iii) without prejudice to sub-paragraph (ii) above, of an agricultural building (as defined in section 26 of the [1967 c. 9.] General Rate Act 1967) unless it is contiguous to another building which is not itself an agricultural building or a building of a kind mentioned in that sub-paragraph.

(2) No person shall begin a demolition to which this section applies unless—

(a) he has given the local authority notice of his intention to do so ; and

(b) either—

(i) the local authority have served a notice on him under section 29A of this Act; or

(ii) the relevant period (as defined in that section) has expired.

(3) A notice under this section shall be in writing and shall specify the building to which it relates and the works of demolition intended to be carried out, and it shall be the duty of a person giving such a notice to a local authority to send or give a copy of it—

(a) to the occupier of any building adjacent to the building;

(b) to the British Gas Corporation ; and

(c) to the Area Electricity Board in whose area the building is situated.

(4) A person who contravenes subsection (2) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £500.

29A Power of local authority to serve notice concerning demolition.

(1) A local authority may serve a notice under this section—

(a) on any person on whom a demolition order has been served under the [1957 c. 56.] Housing Act 1957;

(b) on any person who appears to them not to be intending to comply with an order made under section 58 of the [1936 c. 49.] Public Health Act 1936 or a notice served under section 27 of this Act; and

(c) on any person who appears to them to have begun or to be intending to begin a demolition to which section 29 above otherwise applies.

(2) Nothing contained in a notice under this section shall prejudice or affect the operation of any of the relevant statutory provisions, as denned in section 53(1) of the [1974 c. 37.] Health and Safety at Work etc. Act 1974; and accordingly, if any requirement of such a notice is inconsistent with any requirement imposed by or under the said Act of 1974, the latter requirement shall prevail.

(3) Where

(a) a person has given a notice under section 29 of this Act; or

(b) the local authority have served a demolition order on a person under the Housing Act 1957,

a notice under this section may only be served on the person in question within the relevant period.

(4) In this section and section 29 of this Act " the relevant period " means—

(a) in a case such as is mentioned in paragraph (a) of subsection (3) above, six weeks from the giving of the notice under section 29 of this Act, or such longer period as the person who gave that notice may in writing allow; and

(b) in a case such as is mentioned in paragraph (b) of that subsection, seven days after the local authority served a copy of the demolition order in accordance with the [1957 c. 56.] Housing Act 1957, or such longer period as the person on whom the copy was served may in writing allow.

(5) It shall be the duty of the local authority to send or give a copy of a notice under this section to the owner and occupier of any building adjacent to the building to which the notice relates.

(6) It shall also be the duty of the local authority to send or give a copy of a notice under this section—

(a) if it contains a requirement such as is specified in paragraph (h) of section 29B(1) of this Act, to the statutory undertakers concerned ; and

(b) if it contains any such requirement as is specified in paragraph (j) of that section—

(i) to the fire authority, if they are not themselves the fire authority; and

(ii) to the Health and Safety Executive, if the premises are special premises.

(7) In this section and section 29B of this Act—

• " fire authority " has the meaning assigned to it by section 43(1) of the [1971 c. 40.] Fire Precautions Act 1971; and

• " special premises " means premises for which a fire certificate is required by virtue of regulations under the [1974 c. 37.] Health and Safety at Work etc. Act 1974.

29B Contents of notices under section 29A.

(1) A notice under section 29A(1) of this Act may require the person on whom it is served—

(a) to shore up any building adjacent to the building to which the notice relates;

(b) to weatherproof any surfaces of an adjacent building which are exposed by the demolition ;

(c) to repair and make good any damage to an adjacent building caused by the demolition or by the negligent act or omission of any person engaged in it;

(d) to remove material or rubbish resulting from the demolition and clearance of the site ;

(e) to disconnect and seal, at such points as the local authority may reasonably require, any sewer or drain in or under the building;

(f) to remove any such sewer or drain and seal any sewer or drain with which the sewer or drain to be removed is connected ;

(g) to make good to the satisfaction of the local authority the surface of the ground disturbed by anything done under paragraph (e) or paragraph (f) of this subsection;

(h) to make arrangements with the relevant statutory undertakers for the disconnection of the supply of gas, electricity and water to the building;

(j) to make such arrangements with regard to the burning of structures or materials on the site as may be reasonably required—

(i) if the building is or forms part of special premises, by the Health and Safety Executive and the fire authority; and

(ii) in any other case, by the fire authority ; and

(k) to take such steps relating to the conditions subject to which the demolition is to be undertaken and the condition in which the site is to be left on completion of the demolition as the local authority may consider reasonably necessary for the protection of the public and the preservation of public amenity.

(2) No one shall be required under paragraph (c), (e) or (f) of subsection (1) of this section to carry out any work in land outside the premises on which the works of demolition are being carried out if he has no right to carry out that work, but, subject to the provisions of Part XII of the [1936 c. 49.] Public Health Act 1936 with respect to the breaking open of streets, the person undertaking the demolition, or the local authority acting in his default, may break open any street for the purpose of complying with any such requirement.

(3) Nothing in subsection (1) or (2) of this section shall be construed as authorising any interference with apparatus or works of statutory undertakers authorised by any enactment to carry on an undertaking for the supply of electricity, gas or water.

(4) Without prejudice to the generality of subsection (3) of this section, nothing in subsection (1) or (2) of this section shall be construed as exempting any person—

(a) from the obligation to obtain any consent required under section 67 of Schedule 3 to the [1945 c. 42.] Water Act 1945 (which relates to interference with valves and other apparatus) or section 68 of that Schedule (which relates to alterations to supply pipes and other apparatus); or

(b) from criminal liability under any enactment relating to the supply of gas or electricity; or

(c) from the requirements of regulations under section 31 of the [1972 c. 60.] Gas Act 1972 (public safety).

(5) Before a person complies with any requirement under paragraph (e) or paragraph (f) of subsection (1) of this section he shall give at least 48 hours notice to the local authority, and before he complies with paragraph (g) of that subsection he shall give at least 24 hours notice to the local authority; and a person who fails to comply with this subsection shall be liable on summary conviction to a fine not exceeding £50.

29C Appeals.

(1) The provisions of Part XII of the [1936 c. 49.] Public Health Act 1936 with respect to appeals against and the enforcement of notices requiring the execution of works shall apply in relation to any notice given under section 29A of this Act.

(2) Among the grounds on which an appeal may be brought under section 290(3) of the Public Health Act 1936 against such a notice shall be—

(a) in the case of a notice requiring an adjacent building to be shored up, that the owner of the building is not entitled to the support of that building by the building which is being demolished, and ought to pay, or contribute towards, the expenses of shoring it up; and

(b) in the case of a notice requiring any surfaces of an adjacent building to be weatherproofed, that the owner of the adjacent building ought to pay, or contribute towards, the expenses of weather-proofing those surfaces.

(3) Where the grounds on which an appeal under the said section 290 is brought include any ground specified in subsection (2) of this section, the appellant shall serve a copy of his notice of appeal on the person or persons referred to in that ground of appeal, and on the hearing of the appeal the court may make such order as it thinks fit in respect of the payment of, or contribution towards, the cost of the works by any such person, or as to how any expenses which may be recoverable by the local authority are to be borne between the appellant and any such person.”.

(2) Section 29 of the [1961 c. 64.] Public Health Act 1961 shall continue to have effect as if this section had not been enacted in a case where a notice under subsection (1) of that section was served before the commencement of this section.