http://www.legislation.gov.uk/ukpga/1984/55/section/78Building Act 1984 An Act to consolidate certain enactments concerning building and buildings and related matters.1984-10-31texttext/xmlenStatute Law Database2026-03-06Expert Participation2026-01-27 Part III Other Provisions about Buildings Defective premises, demolition <Abbreviation Expansion="et cetera" xml:lang="la">etc.</Abbreviation> Dangerous building—emergency measures.781If it appears to a local authority that—aa building or structure, or part of a building or structure, is in such a state, or is used to carry such loads, as to be dangerous, andbimmediate action should be taken to remove the danger,they may take such steps as may be necessary for that purpose.2Before exercising their powers under this section, the local authority shall, if it is reasonably practicable to do so, give notice of their intention to the owner and occupier of the building, or of the premises on which the structure is situated.3Subject to this section, the local authority may recover from the owner the expenses reasonably incurred by them under this section.4So far as expenses incurred by the local authority under this section consist of expenses of fencing off the building or structure, or arranging for it to be watched, the expenses shall not be recoverable in respect of any period—aafter the danger has been removed by other steps under this section, orbafter an order made under section 77(1) above for the purpose of its removal has been complied with or has been executed as mentioned in subsection (2) of that section.5In proceedings to recover expenses under this section, the court shall inquire whether the local authority might reasonably have proceeded instead under section 77(1) above, and, if the court determines that the local authority might reasonably have proceeded instead under that subsection, the local authority shall not recover the expenses or any part of them.6Subject to subsection (5) above, in proceedings to recover expenses under this section, the court may—ainquire whether the expenses ought to be borne wholly or in part by some person other than the defendant in the proceedings, andbmake such order concerning the expenses or their apportionment as appears to the court to be just,but the court shall not order the expenses or any part of them to be borne by any person other than the defendant in the proceedings unless it is satisfsied that that other person has had due notice of the proceedings and an opportunity of being heard.7Where in consequence of the exercise of the powers conferred by this section the owner or occupier of any premises sustains damage, but section 106(1) below does not apply because the owner or occupier has been in default—athe owner or occupier may apply to the appropriate court or tribunal to determine whether the local authority were justified in exercising their powers under this section so as to occasion the damage sustained, andbif the court or tribunal determines that the local authority were not so justified, the owner or occupier is entitled to compensation, and section 106(2) ... applies in relation to any dispute as regards compensation arising under this subsection.8The proper officer of a local authority may, as an officer of the local authority, exercise the powers conferred on the local authority by subsection (1) above.9This section does not apply to premises forming part of a mine or quarry within the meaning of the Mines and Quarries Act 1954.S. 78 applied (with modifications) (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2S. 78 applied (with modifications) (10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2.S. 78: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2S. 78: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8(1)(3), Sch. 21954 c. 70.Words in s. 78(7)(a) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(o); S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)Words in s. 78(7)(b) inserted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 21; S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)Words in s. 78(7)(b) omitted (28.6.2022 for E., 5.9.2023 for W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 51; S.I. 2022/561, reg. 3(f), Sch. para. 27; S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 20S. 78 excluded by London Local Authorities Act 2000 (c. vii), s. 45(4) (as amended (13.7.2004) by London Local Authorities Act 2004 (c. i), ss. 1(1), 10(2))