63 Improper construction or repair of water-closet or drain.
(1) If a water-closet, drain or soil pipe is so constructed or repaired as to be prejudicial to health or a nuisance, the person who undertook or executed the contruction or repair is liable on summary conviction to a fine not exceeding level 1 on the standard scale, unless he shows that the prejudice to health or nuisance could not have been avoided by the exercise of reasonable care.
(2) A person charged with an offence under this section (hereafter in this section referred to as “the original defendant”) is entitled, upon information duly laid by him and on giving to the prosecutor not less than three clear days’ notice of his intention, to have any other person, being his agent or servant, to whose act or default he alleges that the offence was due brought before the court at the time appointed for the hearing of the charge; and—
(a) if after the commission of the offence has been proved the original defendant proves that the offence was due to the act or default of that other person, that other person may be convicted of the offence, and
(b) if the original defendant further proves that he used all due diligence to secure that the water-closet, drain or soil pipe in question was so constructed or repaired as not to be prejudicial to health or a nuisance, he shall be acquitted of the offence.
(3) Where the original defendant seeks to avail himself of subsection (2) above—
(a) the prosecutor as well as the person whom the original defendant charges with the offence has the tight to cross-examine the original defendant, if he gives evidence, and any witness called by him in support of his pleas, and to call rebutting evidence, and
(b) the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party to them.
(4) In this section in its application to Greater London, a reference to a water-closet includes a reference to a urinal.
(1) If it appears to a local authority—
(a) that a building is without sufficient closet accommodation,
(b) that a part of a building, being a part that is occupied as a separate dwelling, is without sufficient closet accommodation, or
(c) that any closets provided for or in connection with a building are in such a state as to be prejudicial to health or a nuisance and cannot without reconstruction be put into a satisfactory condition,
the authority shall, by notice to the owner of the building, require him to provide the building with such closets or additional closets, or such substituted closets, being in each case either water-closets or earth-closets, as may be necessary.
(2) Unless a sufficient water supply and sewer are available, the authority shall not require the provision of a water-closet except in substitution for an existing water-closet.
(3) Sections 99 and 102 below apply in relation to a notice given under subsection (1) above.
(4) Among the grounds on which an appeal may be brought under section 102 below against such a notice is that—
(a) the need for the works to be executed under the notice would not, in whole or in part, arise but for the occupation of part of the building as a separate dwelling, and the occupation of that part as a separate dwelling is a matter in respect of which the appellant has a cause of action, and
(b) the person against whom the appellant has a cause of action ought to contribute towards the expenses of executing the works.
(5) Where the grounds on which an appeal under section 102 below is brought include the ground specified in subsection (4) above—
(a) the appellant shall serve a copy of his notice of appeal on the person or persons referred to in that ground of appeal, and
(b) on the hearing of the appeal the court or tribunal may make such order as it thinks fit with respect to—
(i) the contribution to be made by any such person towards the cost of the works, or
(ii) the proportion in which any expenses that may be recoverable by the local authority are to be borne by the appellant and any such other person.
(6) This section does not apply to—
(a) a factory,
(b) a building that is used as a workplace, or
(c) premises to which the Offices, Shops and Railway Premises Act 1963 applies.
65 Provision of sanitary conveniences in workplace.
(1) A building that is used as a workplace shall be provided with—
(a) sufficient and satisfactory accommodation in the way of sanitary conveniences, regard being had to the number of persons employed in, or in attendance at, the building, and
(b) where persons of both sexes are employed or in attendance, sufficient and satisfactory separate accommodation for persons of each sex, unless the local authority are satisfied that in the circumstances of the partiuclar case the provision of such separate accommodation is unnecessary.
(2) If it appears to the local authority that subsection (1) above is not complied with in the case of any building, they shall by notice require the owner or the occupier of the building to make such alterations in the existing conveniences, and to provide such additional conveniences, as may be necessary.
(3) Sections 99 and 102 below apply in relation to a notice given under subsection (2) above.
(4) This section does not apply to premises to which the Offices, Shops and Railway Premises Act 1963 applies.
(1) If a building has a sufficient water supply and sewer available, the local authority may, subject to this section, by notice to the owner of the building require that any closets, other than water-closets, provided for, or in connection with, the building shall be replaced by water-closets, notwithstanding that the closets are not insufficient in number and are not prejudicial to health or a nuisance.
(2) A notice under subsection (1)
above shall—
(a) require the owner to execute the necessary works, or
(b) require that the authority themselves shall be allowed to execute them,
and shall state the effect of subsection (3) below.
(3) Where the local authority give a notice under subsection (1) above—
(a) if it requires the owner to execute the works, the owner is entitled to recover from them one-half of the expenses reasonably incurred by him in the execution of the works, and
(b) if it requires that they shall be allowed to execute the works, they are entitled to recover from the owner one-half of the expenses reasonably incurred by them in the execution of the works.
(4) Where the owner of a building proposes to provide it with a water-closet in subsititution for a closet of any other type, the local authority may, if they think fit, agree to pay him a part, not exceeding one-half, of the expenses reasonably incurred in effecting the replacement, notwithstanding that a notice has not been given by them under subsection (1) above.
(5) Sections 99 and 102 below apply in relation to a notice given under subsection (1) above, subject to the following modifications—
(a) no appeal lies on the ground that the works are unnecessary, and
(b) any reference in the said section 99 to the expenses reasonably incurred in executing works is a reference to one-half of those expenses.
(1) A local authority may, at the request of the occupier of any premises connected with a cesspool, sewer or drain on which any work of maintenance, improvement or repair that necessitates the disconnection of the sanitary conveniences provided for or in connection with the premises is to be carried out—
(a) by a local authority, or
(b) by the owner or occupier of the premises in pursuance of section 59 above,
supply on loan temporary sanitary conveniences in substitution for any sanitary conveniences so disconnected.
(2) Subject to the following provisions of this section, the local authority may make reasonable charges for supplying, removing and cleansing any temporary sanitary conveniences lent under this section for more than seven days.
(3) No charge may be made under subsection (2) above—
(a) for the use of the temporary sanitary conveniences for the first seven days, or
(b) in a case where the work is made necessary by a defect in a public sewer . . .
(4) No charge may be made under subsecction (2) above where the work is made necessary—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) by a defect in a cesspool, private sewer or drain in respect of which the local authority have served a notice under section 59 above,
but, if the temporary sanitary conveniences are provided for a period of more than seven days, the reasonable expenses of supplying, removing and cleansing them are recoverable from the owner of the premises (but not any charge for the use of them for the first seven days).
(5) In proceedings to recover expenses under subsection (4) above, the court may—
(a) inquire whether the expenses ought to be borne wholly or in part by some person other than the defendant in the proceedings, and
(b) make 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 defendent in the proceedings unless the court is satisfied that that other person has had notice of the proceedings and an opportunity of being heard.
(1) No person shall erect a public sanitary convenience in, or so as to be accessible from, a street without the consent of the local authority, who may give their consent upon such terms as to the use of the convenience or its removal at any time, if required by them, as they think fit.
(2) A person who contravenes subsection (1) above is liable on summary conviction to a fine not exceeding level 1 on the standard scale, without prejudice to the right of the authority under subsection (4) below to require the convenience to be removed.
(3) A person aggrieved by the refusal of a local authority to give a consent under subsection (1) above, or by any terms imposed by them, may appeal to the appropriate court or tribunal.
(4) The local authority may by notice require—
(a) the owner of a sanitary convenience—
(i) that has been erected in contravention of subsection (1) above, or
(ii) that the authority are, by virtue of the terms of a consent given under that subsection, entitled to require to be removed,
to remove it, or
(b) the owner of a sanitary convenience that opens on a street, and is so placed or constructed as to be a nuisance or offensive to public decency, to remove it or permanently close it.
(5) Sections 99 and 102 below apply in relation to a notice given under subsection (4) above.
(6) in this section, a reference to a local authority, in relation to a street that is a highway for which the local authority are not the highway authority, is a reference to the highway authority.
(7) Subsection (1) above does not apply to a sanitary convenience erected—
(a) by a railway company within their railway station or its yard or approaches, or
(b) by dock undertakers in or on land that belongs to them and is held or used by them for the purposes of their undertaking.
(8) This section does not affect the powers of—
(a) a county council . . . under section 87 of the Public Health Act 1936,
(b) the appropriate national authority under section 112 of the Highways Act 1980, or
(c) a county council under section 114(1) of the Highways Act 1980.
70 Provision of food storage accommodation in house.
(1) If it appears to a local authority that a house, or part of a building that is occupied as a separate dwelling, is without sufficient and suitable accommodation for the storage of food, the local authority may by notice require the owner of the house or building to provide the house or building with sufficient and suitable accommodation for that purpose.
(2) Sections 99 and 102 below apply in relation to a notice given under subsection (1) above.
(3) Among the grounds on which an appeal may be brought under section 102 below against such a notice are—
(a) that it is not reasonably practicable to comply with the notice;
(b) that—
(i) the need for the works to be executed under the notice would not, in whole or in part, arise but for the occupation of part of the building as a separate dwelling, and that the occupation of that part as a separate dwelling is a matter in respect of which the appellant has a cause of action, and
(ii) the person against whom the appellant has a cause of action ought to contribute towards the expenses of executing the works.
(4) Where the grounds on which an appeal under section 102 below is brought include the ground specified in subsection (3)(b) above—
(a) the appellant shall serve a copy of his notice of appeal on the person or persons referred to in that ground of appeal, and
(b) on the hearing of the appeal the court or tribunal may make such order as it thinks fit with respect to—
(i) the contribution to be made by any such person towards the cost of the works, or
(ii) the proportion in which any expenses that may be recoverable by the local authority are to be borne by the appellant and any such other person.
(1) If it appears to a local authority, after consultation with the fire and rescue authority, that—
(a) a building to which this section applies is not provided, or
(b) a proposed building that will be building to which this section applies will not be provided,
with such means of escape in case of fire as the local authority, after such consultation, deem necessary from each storey whose floor is more that twenty feet above the surface of the street or ground on any side of the building, the authority shall by notice require the owner of the building, or, as the case may be, the person proposing to erect the building, to execute such work or make such other provision in regard to the matters aforesaid as may be necessary.
(2) Sections 99 and 102 below apply in relation to a notice given under subsection (1) above in so far as it requires a person to execute works.
(3) In so far as such a notice requires a person to make provision otherwise than by the execution of works, he is, if he fails to comply with the notice, liable on summary conviction to a fine not exceeding level 4 on the standard scale and to a further fine not exceeding £2 for each day on which the offence continues after he is convicted.
(4) In proceedings under subsection (3) above, it is open to the defendant to question the reasonableness of the authority’s requirements.
(5) Where building regulations imposing requirements as to the provision of means of escape in case of fire are applicable to a proposed building or proposed extension of a building, or would be so applicable but for a direction under section 8 above dispensing with such requirements—
(a) this section, and
(b) any provision of a local Act that has effect in place of this section,
does not apply in relation to the proposed building or extension.
(6) This section applies to a building that exceeds two storeys in height and in which the floor of any upper storey is more than twenty feet above the surface of the street or ground on any side of the building and that—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Where, after the 3rd October 1961 (which was the date of commencement of the relevant provisions of the Public Health Act 1961)—
(a) a person erects or raises a building (in this section referred to as “the taller building”) to a greater height than an adjoining building, and
(b) any chimneys or flues of an adjoining building are in a party wall between the two buildings or are six feet or less from the nearest part of the taller building,
the local authority may by notice—
(i) require that person, within such time as may be specified in the notice, to build up those chimneys and flues, if it is reasonably practicable so to do, so that their top will be of the same height as the top of the chimneys of the taller building or the top of the taller building, whichever is the higher, and
(ii) require the owner or occupier of the adjoining building to allow the first-mentioned person to enter on that building and carry out such work as may be necessary to comply with the notice served on him,
except that, if the said owner or occupier, within fourteen days from the date of service of the notice on him, serves on the first-mentioned person and on the local authority a notice (in this section referred to as a “counter-notice”) that he elects to carry out the work himself, the owner or occupier shall comply with the notice served under paragraph (i) above instead of the first-mentioned person and may recover the expenses reasonably incurred in so doing from that person.
(2) A person on whom a notice is served under paragraph (i) or paragraph (ii) of subsection (1) above may appeal to the appropriate court or tribunal.
(3) If—
(a) a person on whom a notice is served under paragraph (i) of subsection (1) above fails to comply with the notice, except in a case where the owner or occupier of an adjoining building has refused to allow entry on that building, or has refused to allow the carrying out of any such work as may be necessary to comply with the notice, or has served a counter-notice, or
(b) a person on whom a notice is served under paragraph (ii) of subsection (1) above fails to comply with the notice or, having served a counter-notice, fails to comply with the notice served under paragraph (i) of that subsection,
he is liable on summary conviction to a fine not exceeding level 1 on the standard scale, and the local authority may themselves carry out such work as may be necessary to comply with the notice served under the said paragraph (1), and recover the expenses reasonably incurred in doing so from the person on whom that notice was served.
(1) No person shall without the consent of the local authority construct a cellar or room in, or as part of, a house, shop, inn, hotel or office if the floor level of the cellar or room is lower than the ordinary level of the subsoil water on, under or adjacent to the site of the house, shop, inn, hotel or office.
(2) Subsection (1) above does not apply to—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the construction of a cellar or room in connection with a shop, inn, hotel or office that forms part of a railway station.
(3) If a person constructs a cellar or room in contravention of subsection (1) above, or of any condition attached to a consent under this section—
(a) he is liable on summary conviction to a fine not exceeding level 1 on the standard scale, and
(b) the local authority may by notice require him either to alter the cellar or room so that its construction will no longer contravene the said subsection or condition or, if he so elects, to fill it in or otherwise make it unusable.
(4) Sections 99 and 102 below apply in relation to a notice given under subsection (3) above, subject to the following modifications—
(a) section 99(1) requires the notice to indicate the nature of the works of alteration and that of the works for making the cellar or room unusable, and
(b) section 99(2) authorises the local authority to execute, subject to that subsection, at their election either the works of alteration or the works for making the cellar or room unusable.
(5) If the owner for the time being of the house, shop, inn, hotel or office causes or permits a cellar or room forming part of it to be used in a manner that he knows to be in contravention of a condition attached to a consent under this section, he is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(1) A consent under section 74 above may be given subject to such conditions as to the construction or use of the premises as may be specified in it, and conditions specified in such a consent are binding on successive owners of the house, shop inn, hotel or office.
(2) If a local authority—
(a) refuse an application for such a consent, or
(b) attach any conditions to such a consent,
the person applying for the consent may appeal to the appropriate court or tribunal against the refusal or, as the case may be, against any of the conditions, and if the appropriate court or tribunal allows an appeal against a refusal to grant a consent it may direct the local authority to give their consent subject to such conditions, if any, as appear to the court or tribunal to be appropriate.
(3) An application may be made at any time to the local authority for the variation or withdrawal of a condition attached to such a consent, and, if the local authority refuse the application, the applicant may appeal to the appropriate court or tribunal.
(1) If it appears to a local authority that—
(a) any premises are in such a state (in this section referred to as a “defective state”) as to be prejudicial to health or a nuisance, and
(b) unreasonable delay in remedying the defective state would be occasioned by following the procedure prescribed by section 80 of the Environmental Protection Act 1990,
the local authority may serve on the person on whom it would have been appropriate to serve an abatement notice under the said section 93 (if the local authority had proceeded under that section) a notice stating that the local authority intend to remedy the defective state and specifying the defects that they intend to remedy.
(2) Subject to subsection (3) below, the local authority may, after the expiration of nine days after service of a notice under subsection (1) above, execute such works as may be necessary to remedy the defective state, and recover the expenses reasonably incurred in so doing from the person on whom the notice was served.
(3) If, within seven days after service of a notice under subsection (1) above, the person on whom the notice was served serves a counter-notice that he intends to remedy the defects specified in the first-mentioned notice, the local authority shall take no action in pursuance of the first-mentioned notice unless the person who served the counter-notice—
(a) fails within what seems to the local authority a reasonable time to begin to execute works to remedy the said defects, or
(b) having begun to execute such works fails to make such progress towards their completion as seems to the local authority reasonable.
(4) In proceedings to recover expenses under subsection (2) above, the court—
(a) shall inquire whether the local authority were justified in concluding that the premises were in a defective state, or that unreasonable delay in remedying the defective state would have been occasioned by following the procedure prescribed by section 80 of the Environmental Protection Act 1990, and
(b) if the defendant proves that he served a counter-notice under subsection (3) above, shall inquire whether the defendant failed to begin the works to remedy the defects within a reasonable time, or failed to make reasonable progress towards their completion,
and if the court determines that—
(i) the local authority were not justified in either of the conclusions mentioned in paragraph (a) of this subsection, or
(ii) there was no failure under paragraph (b) of this subsection,
the local authority shall not recover the expenses or any part of them.
(5) Subject to subsection (4) above, in proceedings to recover expenses under subsection (2) above, the court may—
(a) inquire whether the said expenses ought to be borne wholly or in part by some person other than the defendant in the proceedings, and
(b) make 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 a person other than the defendant in the proceedings unless the court is satisfied that that other person has had due notice of the proceedings and an opportunity of being heard.
(6) A local authority shall not serve a notice under subsection (1) above, or proceed with the execution of works in accordance with a notice so served, if the execution of the works would, to their knowledge, be in contravention of a building preservation order under section 29 of the Town and Country Planning Act 1947.
(7) The power conferred on a local authority by subsection (1) above may be exercised notwithstanding that the local authority might instead have proceeded under Part VI of the Housing Act 1985 (repair notices).
(1) If it appears to a local authority that a building or structure, or part of a building or structure, is in such a condition, or is used to carry such loads, as to be dangerous, the authority may apply to the appropriate court or tribunal, and the court or tribunal may—
(a) where danger arises from the condition of the building or structure, make an order requiring the owner thereof—
(i) to execute such work as may be necessary to obviate the danger or,
(ii) if he so elects, to demolish the building or structure, or any dangerous part of it, and remove any rubbish resulting from the demolition, or
(b) where danger arises from overloading of the building or structure, make an order restricting its use until the appropriate court or tribunal, being satisfied that any necessary works have been executed, withdraws or modifies the restriction.
(2) If the person on whom an order is made under subsection (1)(a) above fails to comply with the order within the time specified, the local authority may—
(a) execute the order in such manner as they think fit, and
(b) recover the expenses reasonably incurred by them in doing so from the person in default,
and, without prejudice to the right of the authority to exercise those powers, the person is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(3) This section has effect subject to section 79A and to the provisions the Planning (Listed Buildings and Conservation Areas) Act 1990 relating to listed buildings, buildings subject to building preservation notices and buildings in conservation areas.
(1) If it appears to a local authority that—
(a) a 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, and
(b) immediate action should be taken to remove the danger,
they may take such steps as may be necessary for that purpose.
(2) Before 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.
(3) Subject to this section, the local authority may recover from the owner the expenses reasonably incurred by them under this section.
(4) So 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—
(a) after the danger has been removed by other steps under this section, or
(b) after 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.
(5) In 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.
(6) Subject to subsection (5) above, in proceedings to recover expenses under this section, the court may—
(a) inquire whether the expenses ought to be borne wholly or in part by some person other than the defendant in the proceedings, and
(b) make 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.
(7) Where 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—
(a) the 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, and
(b) if 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.
(8) The 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.
(9) This section does not apply to premises forming part of a mine or quarry within the meaning of the Mines and Quarries Act 1954.
79 Ruinous and dilapidated buildings and neglected sites.
(1) If it appears to a local authority that a building or structure is by reason of its ruinous or dilapidated condition seriously detrimental to the amenities of the neighbourhood, the local authority may by notice require the owner thereof—
(a) to execute such works of repair or restoration, or
(b) if he so elects, to take such steps for demolishing the building or structure, or any part thereof, and removing any rubbish or other material resulting from or exposed by the demolition,
as may be necessary in the interests of amenity.
(2) If it appears to a local authority that—
(a) rubbish or other material resulting from, or exposed by, the demolition or collapse of a building or structure is lying on the site or on any adjoining land, and
(b) by reason thereof the site or land is in such a condition as to be seriously detrimental to the amenities of the neighbourhood,
the local authority may by notice require the owner of the site or land to take such steps for removing the rubbish or material as may be necessary in the interests of amenity.
(3) Sections 99 and 102 below apply in relation to a notice given under subsection (1) or (2) above, subject to the following modifications—
(a) section 99(1) requires the notice to indicate the nature of the works of repair or restoration and that of the works of demolition and removal of rubbish or material, and
(b) section 99(2) authorises the local authority to execute, subject to that subsection, at their election either the works of repair or restoration or the works of demolition and removal of rubbish or material.
(4) This section does not apply to an advertisement as defined in section 336(1) of the Town and Country Planning Act 1990.
(5) This section has effect subject to section 79A and to the provisions of the Planning (Listed Buildings and Conservation Areas) Act 1990 relating to listed buildings, buildings subject to building preservation notices and buildings in conservation areas.
79A Wales: exercise of powers under sections 77 and 79 in relation to listed buildings, buildings in conservation areas etc.
(1) Before taking any steps mentioned in subsection (3) in relation to a listed building, a local authority in Wales must—
(a) if it is the planning authority for the area in which the building is situated, consider whether it should instead exercise its powers under sections 137 and 138 of the Historic Environment (Wales) Act 2023 (compulsory acquisition and repairs notices), and
(b) in any case, consider whether it should instead exercise its powers under section 144 of that Act (urgent preservation works).
(2) Before taking any steps mentioned in subsection (3) in relation to—
(a) a building in relation to which interim protection or temporary listing has effect under Chapter 1 of Part 3 of the Historic Environment (Wales) Act 2023, or
(b) a building that is subject to a direction under section 164 of that Act (urgent works to preserve buildings in conservation areas),
a local authority in Wales must consider whether it should instead exercise its powers under section 144 of that Act.
(3) The steps referred to in subsections (1) and (2) are steps with a view to—
(a) obtaining an order under section 77(1)(a), or
(b) serving a notice under section 79(1).
(4) In subsection (1), “listed building and “planning authority have the same meanings as in the Historic Environment (Wales) Act 2023.
80 Notice to local authority of intended demolition.
(1) This section applies to any demolition of the whole or part of a building except—
(a) a demolition in pursuance of a demolition order or obstructive building ordermade under Part IX of the Housing Act 1985, and
(b) a demolition—
(i) of an internal part of a building, where the building is occupied and it is intended that it should continue to be occupied,
(ii) of a building that has a cubic content (as ascertained by external measurement) of not more than 1750 cubic feet, or, where a greenhouse, conservatory, shed or prefabricated garage forms part of a larger building, of that greenhouse, conservatory, shed or prefabricated garage, or
(iii) without prejudice to sub-paragraph (ii) above, of an agricultural building (within the meaning of any of paragraphs 3 to 7 of Schedule 5 to the Local Government Finance Act 1988), unless it is contiguous to another building that is not itself an agricultural building or a building of a kind mentioned in that sub-paragraph.
(2) No person shall begin a demolition to which this section applies unless—
(a) he has given the local authority notice of his intention to do so, and
(b) either—
(i) the local authority have given a notice to him under section 81 below, or
(ii) the relevant period (as defined in that section) has expired.
(3) A notice under subsection (2) above shall specify the building to which it relates and the works of demolition intended to be carried out, and it is the duty of a person giving such a notice to a local authority to send or give a copy of it to—
(a) the occupier of any building adjacent to the building,
(b) any public gas supplier (as defined in Part I of the Gas Act 1986) in whose authorised area (as so defined) the building is situated,
(c) the public electricity supplier (as defined in Part I of the Electricity Act 1989) in whose authorised area (as so defined) the building is situated and any other person authorised by a licence under that Part to supply electricity to the building;
(4) A person who contravenes subsection (2) above is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
81 Local authority’s power to serve notice about demolition.
(1) A local authority may give a notice under this section to—
(a) a person on whom a demolition order or obstructive building order has been served under Part IX of the Housing Act 1985,
(b) a person who appears to them not to be intending to comply with an order made under section 77 above or a notice given under section 79 above, and
(c) a person who appears to them to have begun or to be intending to begin a demolition to which section 80 above otherwise applies.
(2) Nothing contained in a notice under this section prejudices or affects the operation of any of the relevant statutory provisions, as defined in section 53(1) of the Health and Safety at Work etc. Act 1974 or the relevant provisions; and accordingly, if a requirement of such a notice is inconsistent with a requirement imposed by or under the said Act of 1974 or the relevant provisions, the latter requirement prevails.
(2A) For the purposes of subsection (2), “relevant provisions” means the relevant statutory provisions (within the meaning of Part 3 of the Energy Act 2013) other than—
(a) the provisions of the Nuclear Safeguards Act 2000; and
(b) any provision of nuclear regulations identified in accordance with section 74(9) of the 2013 Act as being made for the nuclear safeguards purposes.
(3) Where—
(a) a person has given a notice under section 80 above, or
(b) the local authority have served a demolition order or obstructive building orderon a person under Part IX of the Housing Act 1985,
a notice under this section may only be given to the person in question within the relevant period.
(4) In this section and section 80 above, “the relevant period” means—
(a) in a case such as is mentioned in subsection (3)(a) above, six weeks from the giving of the notice under section 80 above, or such longer period as the person who gave that notice may in writing allow, and
(b) in a case such as is mentioned in subsection (3)(b) above, seven days after the local authority served a copy of the demolition order or obstructive building orderin accordance with Part IX of the Housing Act 1985, or such longer period as the person on whom the copy was served may in writing allow.
(5) It is the duty of the local authority to send or give a copy of a notice under this section to the owner and occupier of any building adjacent to the building to which the notice relates.
(6) It is also the duty of the local authority to send or give a copy of a notice under this section—
(a) if it contains such a requirement as is specified in section 82(1)(h) below, to the statutory undertakers concerned, and
(b) if it contains such a requirement as is specified in section 82(1)(i) below, to the fire and rescue authority, if they are not themselves the fire and rescue authority.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A notice under section 81(1) above may require the person to whom it is given—
(a) to shore up any building adjacent to the building to which the notices relates,
(b) to weatherproof any surfaces of an adjacent building that are exposed by the demolition,
(c) 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,
(d) to remove material or rubbish resulting from the demolition and clearance of the site,
(e) to disconnect and seal, at such points as the local authority may reasonably require, any sewer or drain in or under the building,
(f) to remove any such sewer or drain, and seal any sewer or drain with which the sewer or drain to be removed is connected,
(g) to make good to the satisfaction of the local authority the surface of the ground disturbed by anything done under paragraph (e) or (f) above,
(h) to make arrangements with the relevant statutory undertakers for the disconnection of the supply of gas, electricity and water to the building,
(i) to make such arrangements with regard to the burning of structures or materials on the site as may be reasonably required by the fire and rescue authority;
(j) 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.
(2) No one shall be required under paragraph (c), (e) or (f) of subsection (1) above to carry out any work in land outside the premises on which the works of demolition are being carried out if he has no right to carry out that work, but, subject to section 101 below, the person undertaking the demolition, or the local authority acting in his default, may break open any street for the purpose of complying with any such requirement.
(3) Before a person complies with a requirement under paragraph (e), (f) or (g) of subsection (1) above, he shall give to the local authority—
(a) at least 48 hours’ notice, in the case of a requirement under paragraph (e) or (f), or
(b) at least 24 hours’ notice, in the case of a requirement under paragraph (g),
and a person who fails to comply with this subsection is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(4) This section does not authorise interference with apparatus or works of statutory undertakers authorised by an enactment to carry on an undertaking for the supply of electricity, or gas or with apparatus or works of a water undertaker or sewerage undertaker.
(5) Without prejudice to the generality of subsection (4) above, this section does not exempt a person from—
(a) the obligation to obtain any consent required under section 174 of the Water Industry Act 1991 or section 176 of the Water Resources Act 1991 (interference with water supplies or with waterworks)
(b) criminal liability under any enactment relating to the supply of gas or electricity, or
(c) the requirements of regulations under section 31 of the Gas Act 1972 (public safety).
(6) Section 99 below applies in relation to a notice given under section 81(1) above.
(1) Section 102 below applies in relation to a notice given under section 81 above.
(2) Among the grounds on which an appeal may be brought under section 102 below against such a notice are—
(a) in the case of a notice requiring an adjacent building to be shored up, that the owner of the building is not entitled to the support of that building by the building that is being demolished, and ought to pay, or contribute towards, the expenses of shoring it up,
(b) in the case of a notice requiring any surfaces of an adjacent building to be weatherproofed, that the owner of the adjacent building ought to pay, or contribute towards, the expenses of weatherproofing those surfaces.
(3) Where the grounds on which an appeal under section 102 below is brought include a ground specified in subsection (2) above—
(a) the appellant shall serve a copy of his notice of appeal on the person or persons referred to in that ground of appeal, and
(b) on the hearing of the appeal the court or tribunal may make such order as it thinks fit—
(i) in respect of the payment of, or contribution towards, the cost of the works by any such person, or
(ii) as to how any expenses that may be recoverable by the local authority are to be borne between the appellant and any such person.
(1) If a court or yard appurtenant to, or a passage giving access to, buildings to which this section applies—
(a) is not so formed, flagged, asphalted or paved, or
(b) is not provided with such works on, above or below its surface,
as to allow of the satisfactory drainage of its surface or subsoil to a proper outfall (having regard both to the need to remove water from the court, yard or passage and also to the need to dispose of it satisfactorily in the course of or after its removal), the local authority may by notice require any person who is the owner of any of the buildings to execute all such works as may be necessary to remedy the defect.
(2) Sections 99 and 102 below apply in relation to a notice given under subsection (1) above.
(3) The buildings to which this section applies are houses and industrial and commercial buildings.
(4) This section applies in relation to any court, yard or passage that is used in common by the occupiers of two or more houses, or a house and a commercial or industrial building, but is not a highway maintainable at the public expense.
(1) Except with the consent of the local authority—
(a) an entrance to a court or yard on which two or more houses front or abut shall not be closed, narrowed, reduced in height or otherwise altered so as to impede the free circulation of air through the entrance, and
(b) no permanent structure shall be erected so as to impede the free circulation of air through such an entrance.
(2) A local authority in giving a consent under this section may impose such conditions as they think fit with respect to the provision of other openings or means of access, or other means for securing free circulation of air throughout the court or yard.
(3) A person aggrieved by the refusal of a local authority to give a consent under this section, or by a condition imposed by them, may appeal to the appropriate court or tribunal.
(4) A person who contravenes this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £2 for each day on which the offence continues after he is convicted.
(1) Where a person—
(a) is aggrieved by an order, determination or other decision of a magistrates’ court under, or under an instrument made under, this Part or Part 4 as it applies in relation to this Part, and
(b) is not by any other enactment authorised to appeal to the Crown Court,
he may appeal to the Crown Court.
(2) Subsection (1) above does not confer a right of appeal in a case in which each of the parties concerned might under this Act have required that the dispute should be determined by arbitration instead of by a magistrates’ court.
(1) This section applies to any house, building or other premises being property belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall, or belonging to a government department, or held in trust for Her Majesty for purposes of a government department.
(2) In relation to any such property, the appropriate authority may agree with—
(a) the council of the county, or
(b) the local authority of the district,
in which the property is situated that any particular provisions of this Part of this Act, and of Part IV of this Act so far as it relates to this Part, shall apply to the property; and, while the agreement is in force, those provisions shall apply to that property accordingly, subject to the terms of the agreement.
(2A) Subsection (2) above shall apply in relation to property in Wales as if—
(a) in paragraph (a) the reference to a county included a reference to a county borough; and
(b) paragraph (b) were omitted.
(3) Any such agreement may contain such consequential and incidental provisions (including, with the approval of the Treasury, provisions of a financial character) as appear to the appropriate authority to be necessary or equitable.
(4) In this section, “the appropriate authority” means—
(a) in the case of property belonging to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having the management of the property,
(b) in the case of property belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy,
(c) in the case of property belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints, and
(d) in the case of property belonging to a government department or held in trust for Her Majesty for purposes of a government department, that department,
and, if a question arises as to what authority is the appropriate authority in relation to any property, that question shall be referred to the Treasury, whose decision is final.
(1) In its application to inner London, this Part of this Act has effect subject to Part II of Schedule 3 to this Act.
(2) Part III of Schedule 3 to this Act has effect with respect to building and the drainage of buildings in the inner London boroughs.
(3) Part IV of Schedule 3 to this Act has effect with respect to the making of byelaws . . . —
(a) for the inner London boroughs, with respect to certain matters, and
(b) for the inner London boroughs, the Inner Temple and the Middle Temple, with respect to certain other matters.
(1) Subject to subsection (2) below, for any reference to—
(a) building byelaws as defined in section 343 of the Public Health Act 1936, or
(b) byelaws made under Part II of that Act with respect to buildings, works and fittings,
that occurs in an Act, or in an instrument having effect under an Act, there is substituted a reference to building regulations.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) In an area in which there is in force a local Act containing provisions that impose an obligation or restriction as to the construction, nature or situation of buildings, the local authority shall keep a copy of those provisions at their offices for inspection by the public at all reasonable times free of charge.
(2) Any question as to what provisions of a local Act are provisions of which a copy is to be so kept shall, on the application of the local authority, be determined by the appropriate national authority.
(1) The Secretary of State may by regulations provide that in specified cases, a specified function under this Part of local authorities in England is to be a function of the regulator instead of, or in addition to, the local authority in question.
(2) The Secretary of State may by regulations provide that in specified cases, a relevant authority proposing to exercise a specified function under this Part must notify a specified relevant authority of specified matters.
(3) The notification must be made in the specified way and by the specified time.
(4) In this section—
“relevant authority” means the regulator or a local authority for an area in England;
“specified” means specified by regulations under this section.
(1) It is the duty of local authorities to carry this Act into execution in their areas, subject to—
(za) subsection (3) of this section and regulations under section 91ZD,
(a) the provisions of this Act relating to certain other authorities or persons,
(b) the provisions of Part I of the Public Health Act 1936 relating to united districts and joint boards,
(c) section 151 of the Local Government, Planning and Land Act 1980 (urban development areas), and
(d) section 1(3) of the Public Health (Control of Disease) Act 1984 (port health authorities).
(2) It is the function of local authorities to enforce building regulations in their areas, subject to —
(a) subsection (3) of this section,
(b) sections 5(3), 48(1) and 53(2), and
(c) regulations under section 91ZD.
(3) In cases where section 91ZA or 91ZB provides that the regulator is the building control authority, it is the duty of the regulator (and not the local authority in question)—
(a) to carry Part 1 of this Act into execution, and
(b) to enforce building regulations.
91ZA The regulator: building control authority for higher-risk buildings in England
(1) The regulator is the building control authority in relation to any higher-risk building in England or any proposed such building.
(2) This includes the regulator being the building control authority as regards—
(a) any work relating to a building in England that is not a higher-risk building that causes it to become such a building, and
(b) any work relating to a higher-risk building in England that causes it to cease to be such a building.
(3) In this Act “higher-risk building work”, in relation to England, means any work for which the regulator is the building control authority by virtue of this section.
(4) For the meaning of “higher-risk building” see section 120D.
91ZB The regulator: building control authority for other work
(1) This section applies in relation to work of a prescribed description (“the work”) that is to be carried out in England and has a prescribed connection with any higher-risk building work.
(2) Where—
(a) the regulator and the person intending to carry out the work, acting jointly, give a notice under this section (a “regulator’s notice”) to the local authority for the area in which the work is to be carried out, and
(b) the regulator’s notice is accepted (or treated as accepted) by the local authority,
the regulator is the building control authority in relation to the work.
(3) A regulator’s notice may not be given if any of the following has been given to the local authority in relation to the work (or any part of it)—
(a) an application for building control approval;
(b) an initial notice (within the meaning of section 47);
(c) a public body’s notice (within the meaning of section 54).
(1) This section supplements section 91ZB.
(2) A local authority to whom a regulator’s notice is given must reject the notice if any prescribed ground exists, and must otherwise accept the notice.
(3) A notice of rejection must be given within the prescribed period, and must specify the ground or grounds in question.
(4) The person intending to carry out the work may appeal to the tribunal against a decision of the local authority to reject the regulator’s notice.
(5) Where a local authority to whom a regulator’s notice is given does not—
(a) give a notice of rejection in accordance with subsection (3), or
(b) give a notice of acceptance within the period mentioned in that subsection,
the authority is treated as having accepted the regulator’s notice at the end of that period.
(6) As regards any notice under section 91ZB or this section, building regulations may make provision about—
(a) the form and content of the notice;
(b) the information and documents that must accompany it;
(c) the way in which the notice, and anything that is to accompany it, is to be given.
91ZD Higher-risk buildings in Wales: local authority work
(1) Building regulations may make provision about cases where a local authority for an area in Wales (“the relevant local authority”) proposes to carry out higher-risk building work in that area.
(2) The regulations may in particular—
(a) restrict (or prevent) the exercise by the relevant local authority of prescribed functions in relation to the higher-risk building work;
(b) require the relevant local authority to notify the Welsh Ministers of prescribed matters;
(c) confer on the Welsh Ministers a power to designate another local authority as the building control authority in relation to the higher-risk building work (instead of the relevant local authority);
(d) confer on the Welsh Ministers a power to require the relevant local authority to provide specified information, for the purposes of deciding whether to exercise the power of designation.
(3) The regulations may also provide, in cases where a local authority is designated as the building control authority in relation to the higher-risk building work, that the relevant local authority and the designated local authority may agree that the designated local authority is to be the building control authority in relation to any work of a prescribed description that has a prescribed connection with the higher-risk building work.
(4) Where, as a result of regulations made by virtue of subsection (2)(c) or (3), a designated local authority is the building control authority in relation to any work, as regards that work—
(a) prescribed functions are functions of the designated local authority (rather than the relevant local authority);
(b) the designated local authority (rather than the relevant local authority) must perform such functions relating to enforcement as may be prescribed.
91A Registers to be kept by local authorities and the regulator
(1) A relevant authority shall keep in a register such information and documents as may be prescribed in connection with their functions, powers and duties conferred or imposed by or under this Act.
(2) The information and documents that may be prescribed for the purposes of subsection (1) above include, in particular—
(a) documents that are given or issued to ... a relevant authority in accordance with provision made by or under this Act, or copies of such documents;
(b) copies of documents that are given, made or issued by a relevant authority in accordance with provision so made;
(c) information with respect to documents of the kind mentioned in paragraph (a) or (b);
(d) information with respect to matters to which such documents relate.
(3) Information and documents that are required to be kept in a register under subsection (1) above shall be so kept for the prescribed period.
(4) A relevant authority—
(a) shall maintain the register required under subsection (1) above in the prescribed manner;
(b) shall ensure that the register is available for inspection by members of the public during prescribed periods;
(c) shall, in prescribed circumstances, provide to members of the public, on request, copies of information and documents kept in the register;
(d) may, in prescribed circumstances, charge a member of the public to whom they provide such copies a fee calculated in the prescribed manner.
(5) In this section—
“documents” includes notices, certificates, orders, consents, demands and plans;
“prescribed” means prescribed by regulations made by the appropriate national authority under this section.
“relevant authority” means a local authority or the regulator.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
91B Cooperation and the sharing of information: Wales
(1) Relevant persons (as defined by subsection (7)) must cooperate with each other in the exercise of any of the following functions—
(a) any function of a local authority under this Act,
(b) any function of a Welsh fire and rescue authority under—
(i) section 6 or 7 of the Fire and Rescue Services Act 2004, or
(ii) the Regulatory Reform (Fire Safety) Order 2005, and
(c) any function of a fire inspector under that Order.
(2) A relevant person may disclose information held in connection with any of their relevant functions to another relevant person for the purposes of a relevant function of either of them.
(3) The Welsh Ministers and a relevant person must cooperate with each other in the exercise of any of the following functions—
(a) a function of the Welsh Ministers under Part 2A;
(b) a function mentioned in the relevant paragraph of subsection (1).
(4) The Welsh Ministers may disclose information held in connection with a function under Part 2A to a relevant person for the purposes of—
(a) a function of the Welsh Ministers under Part 2A, or
(b) a function mentioned in the relevant paragraph of subsection (1).
(5) A relevant person may disclose information held in connection with a function mentioned in the relevant paragraph of subsection (1) to the Welsh Ministers for the purposes of—
(a) a function mentioned in the relevant paragraph of subsection (1), or
(b) a function of the Welsh Ministers under Part 2A.
(6) In subsections (3) to (5) “the relevant paragraph” of subsection (1), in relation to a kind of relevant person, means the paragraph of subsection (1) relating to a relevant person of that kind.
(7) In this section—
“fire inspector” means an inspector or assistant inspector appointed under section 28(1) of the Fire and Rescue Services Act 2004;
“relevant person” means a local authority in Wales, Welsh fire and rescue authority or fire inspector;
“relevant function” means—
in relation to a local authority, any function of a local authority under—
the Prevention of Damage by Pests Act 1949,
Part 2 of the Public Health Act 1961,
Part 11 of the Local Government (Miscellaneous Provisions) Act 1982,
Part 3 of the Environmental Protection Act 1990,
Parts 1 to 4 of the Housing Act 2004, or
this Act,
or any prescribed function of a local authority;
in relation to a Welsh fire and rescue authority, any function of such an authority under—
the Fire and Rescue Services Act 2004, or
the Regulatory Reform (Fire Safety) Order 2005,
or any prescribed function of such an authority;
in relation to a fire inspector, any function of a fire inspector under the Regulatory Reform (Fire Safety) Order 2005;
“Welsh fire and rescue authority” means a fire and rescue authority, within the meaning of Part 1 of the Fire and Rescue Services Act 2004, for an area in Wales.
(8) Except as provided by subsection (9), the disclosure of information under this section does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(9) This section does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section).
(1) All—
(a) notices, orders, consents, demands and other documents authorised or required by or under this Act to be given, made or issued by a local authority or the regulator, and
(b) notices and applications authorised or required by or under this Act to be given or made to, or to any officer of, a local authority or the regulator,
shall be in writing.
(2) The appropriate national authority may, by regulations ..., prescribe the form of any notice, advertisement, certificate or other document to be used for any of the purposes of this Act, and if forms are so prescribed those forms or forms to the like effect may be used in all cases to which those forms are applicable.
(1) A notice, order, consent, demand or other document that a local authority are authorised or required by or under this Act to give, make or issue may be signed on behalf of the authority—
(a) by the proper officer of the authority or the district surveyor, as respects documents relating to matters within his province, or
(b) by an officer of the authority authorised by them in writing to sign documents of the particular kind or, as the case may be, the particular document.
(2) A document purporting to bear the signature of an officer—
(a) expressed to hold an office by virtue of which he is under this section empowered to sign such a document, or
(b) expressed to be authorised by the local authority to sign such a document or the particular document,
is deemed, for the purposes of this Act and of any building regulations and orders made under it, to have been duly given, made or issued by authority of the local authority, until the contrary is proved.
(3) In subsection (2) above, “signature” includes a facsimile of a signature by whatever process reproduced.
(1) A notice, order, consent, demand or other document that is authorised or required by or under this Act to be given to or served on a person may, in any case for which no other provision is made by or under this Act, be given or served either—
(a) by delivering it to that person,
(b) in the case of an officer of a local authority, by leaving it, or sending it in a prepaid letter addressed to him, at his office,
(ba) in the case of an authorised officer of the regulator, by—
(i) leaving it at the relevant address (see subsection (2)), or
(ii) sending it in a prepaid letter addressed to the officer at the relevant address;
(c) in the case of any person other than an officer of a local authority or an authorised officer of the regulator, by leaving it, or sending it in a prepaid letter addressed to him, at his usual or last known residence,
(ca) in the case of a partnership, by—
(i) delivering it to any partner,
(ii) leaving it at the principal office of the partnership, or
(iii) sending it in a prepaid letter addressed to the partnership at its principal office;
(d) in the case of an incorporated company or body, by delivering it to their secretary or clerk at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office,
(e) in the case of a document to be given to or served on a person as being the owner of any premises by virtue of the fact that he receives the rackrent thereof as agent for another, or would so receive it if the premises were let at a rackrent, by leaving it, or sending it in a prepaid letter addressed to him, at his place of business,
(f) in the case of a document to be given to or served on the owner or the occupier of any premises, if it is not practicable after reasonable inquiry to ascertain the name and address of the person to or on whom it should be given or served, or if the premises are unoccupied, by addressing it to the person concerned by the description of “owner” or “occupier” of the premises (naming them) to which it relates, and delivering it to some person on the premises, or, if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises,
(g) by sending it by email to an electronic address at which the person has agreed to receive documents or has agreed to receive the document.
(2) In subsection (1)—
“agreed” means agreed in writing;
“authorised officer” means a person in respect of whom an authorisation under section 22 of the Building Safety Act 2022 is in force;
“the relevant address” means—
the address specified by the officer in writing, or
if no address has been specified, the principal office of the regulator.