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Telephone: 01353-665555
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Online: DEMOLITIONS
Owners wishing to demolish a building must give notice to the Council under Section 80 of the Building Act 1984. The authority has a duty to respond within 6 weeks of receipt of notice however we endeavour to respond within 14 days with a notification detailing actions that the owner will need to carry out, such as shoring up adjacent buildings and clearing the site. The following information provides a comprehensive guide to what action is required relating to demolition works:
Intended Demolition
Any person who intends to carry out the demolition of ;
- A building greater than 1750 cubic feet (approx 50m²)
- The demolition is of an internal part of any occupied building, which is intended to remain occupied
- The building is a greenhouse, conservatory, shed or prefabricated garage, even if the building forms part of a larger building
- Certain agricultural building, unless it is near or touching another building that is not an agricultural building
- A demolition order under the Housing Act 1985 has been served
must inform the local authority in writing. Legally no one can start demolition work unless the local authority has been notified. The notification must specify the building to which it relates, and the work of demolition intended to be carried out.
Failure to recognise an appropriate notice in such circumstances may prevent the local authority from serving a 'Demolition Notice'. The person notifying the local authority must send a copy of the notification to:
- The occupier of any building adjacent to the building to be demolished
- Any public gas supplier in whose authorised area the demolition is taking place
- The public electricity supplier in whose authorised area the building is situated, and:
- Any other person authorised by a licence to supply electricity
Demolition may legally commence after the authority has issued a Demolition Notice under Section 81, or if the authority has failed to issue a Demolition Notice within six weeks of the date of service of the notice of intent. Where demolition has commenced without pre-notification to the local authority, an offence will have been committed and this could result in a conviction in the Magistrates Court. However, this does not prevent the authority serving its Demolition Notice and instigating proceedings for a fine.
Interpretation of Terms in Section 81 of The Building Act 1984
Relevant Period
The notice served by the local authority must be issued within 'the relevant period'. Where a person proposing demolition has served notice upon the local authority under Section 80, the period is six weeks.
Adjacent Premises
The 'owner' and 'occupier' of adjacent premises must be served with a copy of the Section 81 notice. It is important that this is served on the relevant persons so that those who may be affected are aware of the situation.
Statutory Undertaker
If any services of any statutory undertaker are to be disconnected due to the demolition, then a copy of the notice must be presented to the particular statutory undertaker(s), i.e. in respect of the disconnection of:
- Gas supply
- Electricity supply
- Water supply
- Section 81 Notice Content
The Demolition Notice served under Section 81 of the Building Act may require all or any of the following works:
- To shore up any building adjacent to the building to which the notice relates
- To weatherproof any surfaces of an adjacent building that are exposed by the demolition
- 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
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To remove material or rubbish resulting from the demolition and clearance of the site. Important Note: The disposal of hazardous waste is subject to it's own legislation. Further information can be obtained by contacting:
The Local Authority Environmental Services department - 01353 665555.
The Environment Agency - 0845 933 3111. - To disconnect and seal, at such points as the local authority may reasonably require, any sewer or drain in or under the building.
- To remove any such sewer or drain, and seal any sewer or drain with which the sewer or drain to be removed is connected.
- To make good to the satisfaction of the local authority the surface of the ground disturbed by anything done under paragraphs e) or f) above.
- To make arrangements with the relevant statutory undertakers for the disconnection of the supply of gas, electricity and water to the building.
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To make such arrangements with regard to the burning of structures or materials on the site as may be reasonably required:
-if the building is or forms part of special premises, by the Health and Safety Executive and the fire authority, and in any other case, by the fire authority, and: - 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.
- Consider adjacent properties in relation to noise whilst demolition works are carried out. Further information relating to noise nuisance can be obtained from the Environmental Services Department on 01353 665555.
Demolition Building Act 1984 Sections 80-83
IMPORTANT NOTE: The notice referred to above is NOT an approval notice to commence demolition. There may be other legislation relating to the demolition which has to be complied with.
- The Building Act 1984
- Town & Country Planning Act 1990
- Planning (Listed Buildings and Conservation Areas) Act 1990
- Health & Safety at Work etc Act 1974
- Management of Health & Safety at Work Regulations 1992
- Construction (Design and Management) Regulations 1994
- The Building Act 1984 Section 80
- The Highway Act 1980 sections 168-173
To Contact Building Control:
Tel: 01353 665555
Fax: 01353 665240
e-mail: bcservices@eastcambs.gov.uk
The Town and Country Planning Act, and other relevant legislation
Works involving demolition may also require consent under the Town and Country Planning Act 1990 (as amended). Different types of demolition e.g. a small porch and a large warehouse, will involve different rules and procedures. For further information contact Development Services Customer Support on 01353 665555.
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