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 a Planning Officer on the numbers listed 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.