Building standards enforcement handbook: first edition

6  Section 28 - Defective Building Notice

6.1 Context

A defective building notice may be served on the owner of a building with defects requiring work to bring that building back into a reasonable state of repair.

6.2 Circumstances when a Defective Building Notice may be served

Where LAs consider that a building has defects that require to be dealt with to prevent significant deterioration, it can serve a notice on the owner of the building. The Act describes the defects that can be dealt with as those "which require rectification in order to bring the building into a reasonable state of repair having regard to its age, type and location".

6.3 Content of the notice

The Forms Regulations, Form 11 - Defective Building Notice is for use by LAs when requiring a building owner to rectify defects.

The notice is served on the owner of a defective building and will specify the defects which require to be rectified and may specify particular steps to be taken to secure compliance with the notice.

6.4 Key dates to consider

The action required to secure compliance is controlled by the dates specified in the notice. There are three key dates that are set out:

• the date the specified work must begin by
• the date the specified work should be complete by
• the date of service of the notice.

The date the specified work must begin by must be at least 7 days after the date of service of the notice.

The date the specified work must be completed by must be at least 21 days after the date the specified work must begin by to allow time for an appeal to be made.

Depending upon the extent of the work, the notice may specify different start and completion dates for different aspects of the work.

If an appeal is made, the date when the notice comes into effect must be after the appeal is withdrawn or finally determined.

If the work requires a building warrant, then this must be obtained before the work starts. To facilitate this, if a warrant has been applied for by the commencement date in the notice then a new commencement date is substituted, which is not less than seven days after the verifier considering the warrant has decided the application. A later date for completion of the work can be set by the LA when an application for a building warrant has been submitted by the first date.

After the completion of work required by the notice the owner must submit to the verifier a completion certificate certifying the work has been completed in accordance with the requirements of the notice, or building warrant and building regulations (depending upon whether the work was subject to a building warrant).

Procedure Regulations, Regulation 51 - Notices served by local authorities, requires that the particulars of the notice are recorded in the building standards register.

LAs may withdraw, waive or relax any requirement of a notice including the date specified for complying with the notice. The withdrawal of a notice does not affect the power of LAs to issue a further such notice. Where a notice is withdrawn, waived or relaxed the particulars of the notice shall be entered on the building standards register.

If the notice is quashed following an appeal to the sheriff, the particulars of the notice shall be removed from the building standards register.

6.5 Failure to comply with the notice

If the building owner has not started the work or completed the work as set out in the notice the LA has power to carry out the necessary work.

The LA may recover reasonable expenses incurred as a result of doing the work. Expenses are recovered from the building owner as a debt.

A building warrant is not required for the work carried out by the LA. However, after completing the work, LAs must register a completion certificate on the building standards register certifying that the work has been completed in accordance with the notice.

Furthermore, the owner is guilty of an offence if they have not complied with the requirements of the notice. This may result in a summary conviction leading to a fine not exceeding level 5 on the standard scale.

6.6 Right of appeal

Any person aggrieved by the decision to issue an enforcement notice has the right to appeal to the sheriff. The appeal must be made with 21 days of the date of the notice.

Where an appeal is made, the requirements of the notice has no effect until the appeal is withdrawn or finally determined.

If the notice is quashed following an appeal to the sheriff, the particulars of the notice shall be removed from the building standards register.