The controls for demolition work are given in Sections 80-83 of the Building Act 1984 (The Act). If you intend to carry out demolition operations you must give notice in writing to the Council under Section 80 of the Act, generally this section applies to all demolition operations whether in whole or in part of a building. The application must be submitted at least six weeks before the work is due to start.
Certain exemptions are given in the Act:
- Demolition made under the order of the Housing Act 1985, Part 9
- An internal part of an occupied building
- A building not more than 1750 cubic feet (50m3) or any greenhouse, conservatory, shed, or prefabricated garage
- Certain agricultural buildings
No demolition operation should commence unless the Council has given a notice under Section 81 or six weeks has elapsed since the giving of notification to the Council as to the intention to commence a demolition operation.
This period is required to allow time for the Council to consult other interested parties. The Council will endeavour to consult as quickly as possible and in many cases will be able to give a notice within seven to fourteen days.
It is also the responsibility of the person carrying out the demolition to consult occupiers of adjacent buildings and the Gas and Electricity Boards.
To make the procedure easier for our customers the Building Control Division have produced a demolition application form, you can download the form in the Related Content section.
The local authority may give notice under Section 81 to:
- People who intend to carry out a demolition operation to which Section 80 applies
- A person who is in receipt of a demolition order under the Housing Act 1957
- A person not intending to comply with a Court order under Section 77 of The Act or not complying with a notice served under Section 79 of The Act
Expenses incurred by Rochford District Council regarding the issue of a notice and supervision of work on site may be recovered from the person on whom the notice served. This will be a minimum of £100.
Where a local authority gives notice under Section 81 they must also give a copy to the owners and occupiers of any building adjacent to the demolition site, the statutory undertakers. The Fire Service and the Health and Safety Executive must also be given a copy if it is proposed to burn material on the site.
Such a notice given by the local authority may contain the following conditions:
- Shore up adjacent buildings
- Weatherproof surfaces of adjacent buildings
- Repair and make good damage to an adjacent building caused by the demolition
- Remove material or rubbish form the site resulting from the demolition
- Disconnect and seal any drain or sewer
- Remove any drain or sewer
- Make good the surface of the ground disturbed
- Make arrangements for the disconnection of gas, water and electricity into the building
- Make arrangements with regards to the burning of materials on site with:
- The Health and Safety Executive.
- Fire authority.
- Take such steps as the local authority consider necessary for the protection of the public and the preservation of public amenity
There is a right of appeal against what has been imposed in any Demolition Notice. Reference needs to be made to Section 83 of The Act for the full grounds on which an appeal can be made.
Any applicant considering demolishing a building or structure should check if the building is statutorily listed or locally listed and/or in a conservation area first. The Council wants to retain its listed buildings as part of the heritage of the District. Statutorily listed buildings and conservation areas are protected by the Planning (Listed Buildings and Conservation Areas) Act 1990 and listed building consent or conservation area consent will be required to demolish. Locally listed buildings are protected by Local Development Framework adopted 16 December 2014 Development Management Plan Policy at DM7 – Local List. The list of statutory and locally listed buildings and maps of the conservation areas in the District can be found in the Related Content section.
For further information if you consider the above affects your building - please contact us using this form