Dangerous Structures, Dilapidated Sites and Unsecure Premises

Dangerous Structures

Building Control provides, on behalf of the Council, a service that responds to reports of dangerous buildings and structures. This service is provided, in the case of emergency situations only, 24 hours a day on every day of the year.

Where a building or other structure is in such a condition that it places people in immediate danger, the Council has legal powers, but not an obligation, under sections 77 and 78 of the Building Act 1984, to investigate and to take whatever action is necessary to remove the danger.

If you are concerned that part of your property may be dangerous, then you should deal with it yourself through properly qualified professionals such as structural engineers, architects and builders.  Also if you are a tenant please contact your landlord first in all cases.  Building Control will not deal with arguments between neighbours and civil disputes and between tenants and landlords.

Therefore, structures that are about to or are in the act of collapsing and will have the potential to harm members of the public are the only ones that should be reported to Building Control.

If you are aware of something that has been in a poor state of repair, for example a bowed wall, and it has been that way for some time it is unlikely to constitute an immediate danger so should be reported to the owner directly as a civil matter.  Please be aware Building Control does not have the resources to search for owners of specific structures and attempt to resolve disputes over who may have legal ownership.  Basically if an owner is made aware that a certain part of or all of a structure they own is in a poor state and will eventually become dangerous then they should take action before it deteriorates to a state where Building Control need to be involved.

Please be aware we have the powers to charge for Dangerous Structure services and will recover all costs incurred when appropriate.

Depending on the severity of the state of the structure, the law permits the Council to take actions as follows:

Category of Danger	Action
Emergency	Without prior notification to the owner, the Council will employ a contractor to do the minimum amount of work necessary to remove the danger. The owner will later be notified of the action and the fact that he/she is liable for the Council's full costs
Imminent	The Council will attempt to obtain a verbal commitment from the owner to remove the danger immediately. If not achieved, formal notice will be served on the owner requiring that the danger is removed within a week. If the owner fails to comply, the Council will employ a contractor to do the minimum amount of work necessary to remove the danger. The owner will later be notified of the action and the fact that he/she is liable for the Council's full costs

Unsecured Buildings

Under the Local Government (Miscellaneous Provisions) Act 1982 section 29; The Local Authority may where a building is unoccupied or the occupier is temporarily absent take action to secure the premise to prevent unlawful access or prevent it becoming a danger to public health. 

This  is normally only carried out where the owner and/or occupier has failed to comply with a notice issued but; where the Local Authority considers immediate action is required it can action the works without notice and will recover full reasonable costs incurred

This function is carried out during office hours only by the  Private Housing Section

Telephone: 01509 634651Email:private.housing@charnwood.gov.uk

 

Defective Premises, Ruinous and dilapidated buildings and neglected sites

The following legislation may be used in some circumstances, often there is crossing of legislation and the Council will work across the various services to arrive at the most effective solution where practical.  All cases are judged on their individual circumstances, and 

NOTE: Below is a brief summary of the Acts, please refer to the actual legislation for full details.

Section 215 of the Town & Country Planning Act 1990 - Land adversely affecting amenity of neighbourhood

If it appears to the local planning authority that the amenity of a part of their area, or of an adjoining area, is adversely affected by the condition of land 

in their area, they may serve on the owner and occupier of the land a notice under this section.The notice shall require such steps for remedying the 

condition of the land as may be specified in the notice to be taken within such period as may be so specified.

Contact details at: https://www.charnwood.gov.uk/pages/planningenforcement

Environmental Protection Act 1990 section 79/80 Statutory nuisances/ Summary proceedings for statutory nuisances. 

where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur, in the area of the authority, the local authority shall serve a notice (“an abatement notice”)  

Contact details at: https://www.charnwood.gov.uk/pages/whatsituationscanwedealwith 

Section 76, Building Act 1984: Defective premises

Under this section, the Council may issue an abatement notice when it believes that any premises are in such a state as to be prejudicial to health or a nuisance and 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 Council can carry out the works in default nine days after service of the notice. Costs: The Council may recover expenses incurred in abating the nuisance.

Section 79, Building Act 1984: Ruinous and dilapidated buildings and neglected sites .

Under this section, the Council may serve notice where:.

(a) the building or structure is in a ruinous or dilapidated condition, or

(b) where rubbish or other material resulting from, or exposed by, the collapse of a building or structure is lying on the site or on any adjoining land, and, in either case, is seriously detrimental to the amenities of the neighbourhood..

The notice can require the owner to execute works of repair or restoration and take such steps as may be necessary in the interests of amenity. Costs: The Council may recover expenses incurred in carrying out the works in default. It should be noted that an order does not override any need to obtain any necessary consents for listed buildings, buildings subject to building preservation notices or buildings in conservation areas.

The Highways Act section 165 Dangerous land adjoining street

Dangerous land adjoining streets may be covered by The Highways Act section 165 in certain circumstances only, If, in or on any land adjoining a street, there is an unfenced or inadequately fenced source of danger to persons using the street, the local authority in whose area the street is situated may, by notice to the owner or occupier of that land, require him within such time as may be specified in the notice to execute such works of repair, protection, removal or enclosure as will obviate the danger.  If he fails to act on a notice the Local Authority may carry out the works and may recover the expenses reasonably incurred by them in so doing from that person.  If the Local Authority fails to act the highway authority may exercise the power.

Customer Service Centre
Highways and Street lighting
Leicestershire County Council
County Hall
Glenfield
Leicester
LE3 8ST

customerservices@leics.gov.uk

Phone: 0116 305 0001
Fax: 0116 305 0006
Minicom: 0116 305 0007