Demolitions Guide
If you are planning to demolish a building it is likely that you
will be required to serve a notice on the local authority. This
guidance gives advice on how to do this and outlines other
important aspects of the demolition process, including which
structures might be exempt from a Section 80 Notice.
Section 80 Notice
Before demolition works start the owner of a building must
first give written notification to the local authority specifying
the exact name and location of the building to be demolished and a
description of the demolition works. This notice is required under
Section 80 of the Building Act 1984. The owner should also send a
copy of this notice to gas and electricity suppliers and also to
owners of any adjoining buildings. It is also important to include
a site plan with the notice which clearly indicates the building(s)
to be demolished.
Exemptions
The Building Act 1984 gives specific exemptions to certain
buildings which if applicable means that a notice under Section 80
of the Building Act 1984 would not be necessary.
These are as follows:
- The building to be demolished is less than 1750 cubic feet in
volume.
- The structure is a greenhouse, conservatory, shed or
prefabricated garage which forms part of a larger building.
- The demolition is of an internal part of the structure
only.
- The demolition arises under Part IX of the Housing Act 1985 to
certain agricultural buildings.
If you are in any doubt about whether the structure you intend
to demolish is exempt from a Section 80 notice please contact a
Building Control Officer.
Planning
Sometimes additional permission is required under planning
legislation, particularly if the building is a dwelling, adjoins a
dwelling house, is listed or is within a conservation area. The
exemptions listed in Section 3.0 are not applicable under planning
legislation. For further information, contact the planning
office (details at the end of this guidance).
Counter Notice
On receipt of the Section 80 notice Building Control will issue
a counter notice. This process can take up to six weeks and this
timetable should be strictly observed. The counter notice will list
a number of conditions to be met regarding site works and making
good. In addition the counter notice will also give details of
appeal should a dispute arise. Details of this notice will be sent
to neighbouring properties and other interested parties, such as
statutory bodies and the Environment Agency.
Conditions contained within the counter notice will largely
depend on the nature of the building and its location and most are
just common sense requirements. Typical conditions require the
shoring and weathering of adjacent buildings, the safe control or
removal of hazardous materials, to seal or remove any redundant
drains and to take all necessary precautions to protect the
public.
It is an offence to cause dark smoke to be emitted from the site
and smoke of any nature should not be allowed to cause a nuisance
or health hazard. The safest way to proceed without any problems is
to avoid burning any material on site altogether and instead
consider recycling wherever possible or remove the material to a
landfill site. A method statement should normally be supplied
detailing how the counter notice conditions are to be dealt with.
Many of these conditions are controlled by strict time limits.
Other Legislation
This advice gives guidance for demolitions served under Section
80 of the Building Act 1984 only. You should make sure that you
comply with any other legislation that may be applicable to the
proposed works.
Demolition Checklist
- Have you checked to make sure the proposed demolition is exempt
from planning and listed building consent?
- Is the proposed building to be demolished exempt from a Section
80 notice?
- Have you included a site plan with the notice which clearly
indicates the building(s) to be demolished?
- Have you sent a copy of your notice to relevant statutory
bodies and adjacent building owners?
- Have you given the local authority six weeks notice prior to
the anticipated demolition starting date?
- Have you received a counter notice from the local
authority?
- Are you familiar with the requirements in the counter notice
regarding making good of adjoining buildings and services etc?
Is there a likelihood of hazardous materials being encountered
or removed? If so you may be faced with further requirements and
more information can be found with the relevant departments and
agencies.
Useful References
For a more comprehensive look at the demolition process you
might like to refer to the following:
- Building Act 1984
- Highways Act 1980
- BS 6187:1982 Code of Practice for Demolition
- Health & Safety at Work Booklet - 6E Safety in Construction
Work: Demolition
- Planning (Listed Buildings and Conservation Areas) Act
1990
- Construction (Working Places) Regulations 1966
- Construction (Design & Management) Regulations 1994
This is not an exhaustive list of all relevant legislation
affecting demolition and is offered as a guide only. For more
information please email the Planning
and Development Unit.
This webpage was updated on
1/31/2012