Housing Act 1985

Demolition of obstructive buildings E+W

283 Buildings liable to be demolished as “obstructive buildings”. E+W

(1) In this Part “obstructive building” means a building which, by virtue only of its contact with or proximity to other buildings, is dangerous or injurious to health.

(2) A building is not liable to be demolished as an obstructive building under the following provisions of this Part if it is—

(a) the property of statutory undertakers (unless the building is used for the purposes of a dwelling, showroom or office), or

(b) the property of a local authority.

(3) In subsection (2) “statutory undertakers” means persons authorised by an enactment, or by an order, rule or regulation made under an enactment, to construct, work or carry on a railway, canal, inland navigation, dock, harbour, tramway, gas, . . . F1 , . . . F2 or other public undertaking.

Textual Amendments

F1 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18 Pt. I

F2 Word repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190(3), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

Modifications etc. (not altering text)

C1 Ss. 283, 296 extended by Airports Act 1986 (c. 31, SIF 9), s. 58, Sch. 2 para. 1(1)

C2 S. 283 modified (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 1(2)(o) (with s. 106); S.I. 2001/869, art. 2

C3 Ss. 283(2), 296 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xlviii), Sch. 8 para. 33

C4 S. 283(2) extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 1(1)(xl), Sch. 17 para. 35(1)

C5 S. 283(2) extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xxxvi); S.I. 1996/218, art. 2

284 Obstructive building order. E+W

(1) The local housing authority may serve upon every owner of a building which appears to them to be an obstructive building, notice of a time (not being less than 21 days after the service of the notice) and place at which the question of ordering the building to be demolished will be considered by the authority.

(2) Every owner of the building is entitled to be heard when the matter is so taken into consideration.

(3) If, after so taking the matter into consideration, the authority are satisfied that the building is an obstructive building and that the building, or a part of it, ought to be demolished, they shall make an obstructive building order, that is to say, an order requiring—

(a) that the building, or part of it, be demolished, and

(b) that the building, or such part of it as is required to be vacated for the purposes of the demolition, be vacated within two months from the date on which the order becomes operative.

(4) The authority shall serve a copy of the order on every owner of the building.

(5) The order becomes operative, if no appeal is brought against it, on the expiration of 21 days from the date of the service of the order and is final and conclusive as to matters which could have been raised on such an appeal.

285 Right of appeal against obstructive building order. E+W

(1) A person aggrieved by an obstructive building order may, within 21 days after the date of the service of the order, appeal to the county court.

(2) No appeal lies at the instance of a person who is in occupation of the building to which the order relates under a lease or agreement of which the unexpired term is three years or less.

(3) On an appeal the court may make such order either confirming, quashing or varying the order as it thinks fit.

(4) If an appeal is brought, the order does not become operative until—

(a) a decision on the appeal confirming the order (with or without variation) is given and the period within which an appeal to the Court of Appeal may be brought expires without any such appeal having been brought, or

(b) if a further appeal to the Court of Appeal is brought, a decision on that appeal is given confirming the order (with or without variation);

and for this purpose the withdrawal of an appeal has the same effect as a decision confirming the order or decision appealed against.

286 Obstructive building order: recovery of possession of building to be demolished. E+W

(1) Where an obstructive building order has become operative, the local housing authority shall serve on the occupier of the building, or part of a building, to which the order relates a notice—

(a) stating the effect of the order,

(b) specifying the date by which the order requires the building to be vacated, and

(c) requiring him to quit the building before that date or before the expiration of 28 days from the service of the notice, whichever may be the later.

(2) If at any time after the date on which the notice requires the building to be vacated a person is in occupation of the building, or part of it, the local housing authority or an owner of the building may apply to the county court which shall order vacant possession of the building, or of the part of it, to be given to the applicant within such period, of not less than two or more than four weeks, as the court may determine.

(3) Nothing in the Rent Acts [F3 or Part I of the Housing Act 1988] affects the provisions of this section relating to the obtaining of possession of a building.

(4) A person who, knowing that an obstructive building order has become operative and applies to a building—

(a) enters into occupation of the building, or of a part of it, after the date by which the order requires the building to be vacated, or

(b) permits another person to enter into such occupation after that date,

commits a summary offence and is liable on conviction to a fine not exceeding level 2 on the standard scale and to a further fine not exceeding £5 a day for every day or part of a day on which the occupation continues after conviction.

Textual Amendments

F3 Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt I para. 47

287 Execution of obstructive building order. E+W

(1) If before the end of the period within which a building in respect of which an obstructive building order is made is required by the order to be vacated—

(a) an owner whose estate or interest in the building and its site is such that its acquisition by the local housing authority would enable the authority to carry out the demolition provided for by the order, or

(b) owners whose combined estates or interests in the building and its site are such that their acquisition by the authority would enable the authority to carry out the demolition provided by the order,

make to the authority an offer for the sale of that interest, or of those interests, at a price to be assessed as if it were compensation for a compulsory purchase under section 290 (acquisition of land for clearance), the authority shall accept the offer and shall, as soon as possible after obtaining possession, carry out the demolition.

(2) If no such offer is made before the end of the period within which the building is required by the order to be vacated, the owner or owners shall carry out the demolition provided for by the order before the expiration of six weeks from—

(a) the last day of that period, or

(b) if the building, or such part of it as is required to be vacated, is not vacated until after that day, the day on which it is vacated,

or, in either case, such longer period as in the circumstances the local housing authority deem reasonable.

(3) If the demolition is not so carried out, the local housing authority shall enter and carry out the demolition and sell the materials rendered available by the demolition.

288 Obstructive buildings: expenses of local housing authority, &c. E+W

(1) Expenses incurred by the local housing authority under section 287(3) (execution of obstructive building order) after giving credit for any amount realised by the sale of materials, may be recovered by them from the owner of the building.

(2) If there is more than one owner—

(a) the expenses may be recovered by the authority from the owners in such shares as the court may determine to be just and equitable, and

(b) an owner who pays to the authority the full amount of their claim may recover from any other owner such contribution, if any, as the court may determine to be just and equitable.

(3) A surplus in the hands of the authority shall be paid by them to the owner of the building or, if there is more than one owner, as the owners may agree.

(4) If there is more than one owner and the owners do not agree as to the division of the surplus, the authority shall, by virtue of this subsection, be trustees of the surplus for the owners of the premises and section 63 of the M1 Trustee Act 1925 (which relates to payment into court by trustees) has effect accordingly.

(5) The county court has jurisdiction to hear and determine proceedings under subsection (1) or (2), and has jurisdiction under section 63 of the Trustee Act 1925 in relation to such a surplus as is referred to in subsection (4).

(6) In determining for the purposes of this section the shares in which expenses are to be paid or contributed by, or a surplus divided between, two or more owners of a building, the court shall have regard to all the circumstances of the case, including—

(a) their respective interests in the building, and

(b) their respective obligations and liabilities in respect of maintenance and repair under any covenant or agreement, whether express or implied.

Marginal Citations

M1 1925 c. 19.