Building Act 1984

81 Local authority’s power to serve notice about demolition. E+W

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

(a) a person on whom a demolition order [F1 or obstructive building order] has been served under [F2 Part IX of the Housing Act 1985],

(b) a person who appears to them not to be intending to comply with an order made under section 77 above or a notice given under section 79 above, and

(c) a person who appears to them to have begun or to be intending to begin a demolition to which section 80 above otherwise applies.

(2) Nothing contained in a notice under this section prejudices or affects the operation of any of the relevant statutory provisions, as defined in section 53(1) of the M1 Health and Safety at Work etc. Act 1974; and accordingly, if a requirement of such a notice is inconsistent with a requirement imposed by or under the said Act of 1974, the latter requirement prevails.

(3) Where—

(a) a person has given a notice under section 80 above, or

(b) the local authority have served a demolition order [F1 or obstructive building order]on a person under [F2 Part IX of the Housing Act 1985],

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

(4) In this section and section 80 above, “the relevant period” means—

(a) in a case such as is mentioned in subsection (3)(a) above, six weeks from the giving of the notice under section 80 above, 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 subsection (3)(b) above, seven days after the local authority served a copy of the demolition order [F1 or obstructive building order] in accordance with [F2 Part IX of the Housing Act 1985], or such longer period as the person on whom the copy was served may in writing allow.

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

(a) if it contains such a requirement as is specified in section 82(1)(h) below, to the statutory undertakers concerned, and

(b) if it contains such a requirement as is specified in section 82(1)(i) below—

(i) to the [F3 fire and rescue authority], if they are not themselves the [F3 fire and rescue authority], and

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

(7) In this section and section 82 below, “special premises” means premises for which a fire certificate is required by virtue of regulations under the Health and Safety at Work etc. Act 1974.

Textual Amendments

F1 Words inserted by Housing and Planning Act 1986 (c. 63, SIF 15), s. 24, Sch. 5 para. 11(1)

F2 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 4, 5(2), Sch. 2 para. 58(3), Sch. 4

F3 Words in s. 81(6) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 57(2)(3)(g); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

Modifications etc. (not altering text)

C1 S. 81 applied (with modifications) (07. 08. 1991) by S.I. 1991/1773, art. 8(2)(3), Sch.2.S. 81 applied (with modifications) (10. 01. 1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2.

C2 S. 81: certain functions transferred (07. 08. 1991) by S.I. 1991/1773, art. 8(1)(3), Sch.2.S. 81: certain functions transferred (10. 01. 1992) by S.I. 1991/2913, art. 8(1)(3), Sch. 2.

C3 S. 81(1)(b) applied (with modifications) (13.7.2004) by London Local Authorities Act 2004 (c. i), ss. 1(1), 10(1)

Marginal Citations

M1 1974 c. 37.