Building standards enforcement handbook: first edition

7  Section 29 and 30 - Dangerous Building Notice

7.1 Context

Enforcement action by LAs in relation to a building that has fallen into a dangerous condition is mandatory. LAs have a duty to act when it becomes aware of a building that poses a danger to:

• people in or about the building
• to the public generally, or
• to adjacent buildings or places.

LAs must carry out such work, including demolition, as it considers necessary to prevent access to the dangerous building or any adjacent part of any road or public space that may be at risk from the building.

It must also carry out such work to protect the public, persons or property adjacent to the dangerous building.

7.2 Circumstances when a Dangerous Building Notice may be served

Forms Regulations, Form 12 - Dangerous Building Notice, is used by LAs to protect the public when it appears that the building owner has failed to prevent the building from falling into a dangerous condition. The notice is served to require a building owner to reduce or remove the danger posed by a building.

LAs must carry out the necessary work, including demolition as considered necessary to remove the danger. In doing so, the LA can create a safety cordon to prevent access to the dangerous building, any adjacent roads or public place that appear to be dangerous due to the state of the building for the protection of the public or property.

7.3 How to serve the notice

It may not be possible to serve a dangerous building notice on the owner before LAs take necessary action to remove the danger. When urgent action is required LAs have powers to carry out work including demolition as it considers necessary. Urgent work by LAs can include the work that would be specified in the dangerous building notice.

LAs must serve a notice on the owner requiring them to carry out specified work except when the danger has been removed by urgent action from the LA.

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.

LAs must specify two dates for compliance with the notice. There is no statutory dates set in legislation similar to that provided for defective buildings. The first date is for commencement of the work and is set by the LA as appropriate to the nature of the danger and a second date must be specified for completion of the work.

Procedure Regulations, Regulation 51 - Notices served by local authorities, requires that the particulars of the notice have are recorded in the building standards register. This includes where the notice is withdrawn, waived or relaxed.

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.

7.4 Factors to consider

A building warrant is not required for the carrying out of any work required by a dangerous building notice including when the LA does the work necessary to remove the danger. 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.

7.5 Failure to meet the requirements of the notice

The building owner will be guilty of an offence under the Act if they fail to carry out the work as specified in the notice. This may result in a summary conviction leading to a fine not exceeding level 5 on the standard scale.

If the building owner does not meet the requirements of the notice then LAs have powers to carry out the necessary work and recover reasonable expenses incurred as a result of doing the work. Expenses are recovered from the building owner as a debt.

7.6 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.