Building Act 1984

36 Removal or alteration of offending work. E+W

(1) If any work to which building regulations are applicable contravenes any of those regulations, the local authority, without prejudice to their right to take proceedings for a fine in respect of the contravention, may by notice require the owner—

(a) to pull down or remove the work, or

(b) if he so elects, to effect such alterations in it as may be necessary to make it comply with the regulations.

(2) If, in a case where the local authority are, by any section of this Part of this Act other than section 16, expressly required or authorised to reject plans, any work to which building regulations are applicable is executed—

(a) without plans having been deposited,

(b) notwithstanding the rejection of the plans, or

(c) otherwise than in accordance with any requirements subject to which the authority passed the plans,

the authority may by notice to the owner—

(i) require him to pull down or remove the work, or

(ii) require him either to pull down or remove the work or, if he so elects, to comply with any other requirements specifed in the notice, being requirements that they might have made under the section in question as a condition of passing plans.

(3) If a person to whom a notice has been given under subsection (1) or (2) above fails to comply with the notice before the expiration of 28 days, or such longer period as a magistrates’ court may on his application allow, the local authority may—

(a) pull down or remove the work in question, or

(b) effect such alterations in it as they deem necessary,

and may recover from him the expenses reasonably incurred by them in doing so.

(4) A notice under subsection (1) or (2) above (called a “section 36 notice”) shall not be given after the expiration of [F1 12 months] [F1 10 years] from the date of the completion of the work in question.

(5) A section 36 notice shall not be given, in a case where plans were deposited and the work was shown on them, on the ground that the work contravenes any building regulations or, as the case may be, does not comply with the authority’s requirements under any section of this Act other than section 16, if—

(a) the plans were passed by the authority, or

(b) notice of their rejection was not given within the relevant period from their deposit,

and if the work has been executed in accordance with the plans and of any requirement made by the local authority as a condition of passing the plans.

(6) This section does not affect the right of a local authority, the Attorney General or any other person to apply for an injunction for the removal or alteration of any work on the ground that it contravenes any regulation or any provision of this Act; but if—

(a) the work is one in respect of which plans were deposited,

(b) the plans were passed by the local authority, or notice of their rejection was not given within the relevant period from their deposit, and

(c) the work has been executed in accordance with the plans,

the court on granting an injunction has power to order the local authority to pay to the owner of the work such compensation as the court thinks just, but before making any such order the court shall in accordance with rules of court cause the local authority, if not a party to the proceedings, to be joined as a party to them.

Textual Amendments

F1 Words in s. 36(4) substituted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes) by Building Safety Act 2022 (c. 30), ss. 39(3), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(r); S.I. 2023/914, reg. 2(b)(vi)

Modifications etc. (not altering text)

C1 S. 36(2)–(6) amended by Midland Metro Act 1989 (c. xv), s. 45(10)s. 36(2)-(6) extended (27.7.1993) by 1993 c. xv, s. 55(10).S. 36(2)-(6) applied with modifications (21.7.1994) by 1994 c. XV, s. 58(10)