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Demolition

Demolition works involve the complete or part removal of buildings such as residential properties, industrial or commercial buildings or more complex dismantling processes where for instance the building is situated on a public highway.

Where demolition is to be undertaken, it is a mandatory requirement for the local authority to be informed (unless the demolition is exempt from control). The Building Control Service administers the requirements under the Building Act 1984.

The purpose of control is to ensure satisfactory protection to public health and safety during the demolition period. Site security, weather-proofing and structural stability of adjoining buildings, disconnection of drainage and making good the surface of the surrounding ground are all issues to be considered by the demolition contractor in the method statement.

Environmental concerns should also form part of the method statement, particularly where noise, dust and the burning of materials on site are likely.

CONTROLLING LEGISLATION

The controls for demolition work are given in Sections 80 to 83 of the Building Act 1984.

Section 80.
This section requires the local authority to be informed prior to commencement of the demolition. Notification to the local authority must specify the location of the building to be demolished and what building (or part) the notification refers to. You can download a copy of our demolitions notice by clicking on the link below:


(You will need Adobe acrobat reader to read this document, you can download it here - Adobe acrobat reader.)

A copy of such notice must be presented to the relevant statutory undertakers (see below) and occupiers of adjacent buildings.

A person who fails to give notice to the local authority is liable on summery conviction to a fine.

Sections 81/82
Under these sections the local authority may serve notice on the appointed contractor specifying certain conditions to be observed/implemented in the interests of health and safety. The local authority must serve the notice within six weeks from the receipt of the notification by the contractor. If a notice is not served within this period the demolition may proceed.
Copies of the notice served by the local authority must be forwarded to the owner and occupier of any adjacent building and any statutory undertaker whose services may be affected by the demolition.

Section 83
Provision is made under this section to appeal against a Section 81 notice. The grounds under which an appeal can be lodged are listed under Section 102 of the Building Act

Note. You are advised that Planning Permission may also be required for the demolition of certain buildings.
Demolition Procedures

Guidance notes

The control of demolition work are given in sections 80-83 of the Building Act 1984

A notice must be given to the Local Authority where it is intended to demolish the whole or part of a building except:

  1. A demolition in pursuance of a demolition order made under the Housing Act 1957.
  2. The demolition of an internal part of a building, where the building is occupied and it is intended that it should remain occupied.
  3. The demolition of a building that has a cubic content (as ascertained by external measurement) of not more than 50m3, or, where a greenhouse, conservatory, shed or prefabricated garage forms part of a larger building of that greenhouse, conservatory, shed or prefabricated garage.
  4. Without prejudice to sub-paragraph (3) above, the demolition of an agricultural building, (as defined in section 26 of the General Rate Act 1967), unless it is contiguous to another building of a kind mentioned in that sub-paragraph.

It is the responsibility of the person carrying out the demolition to consult occupiers of adjacent buildings and the relevant statutory undertakers.

The works may come under the constraints of the Party Wall Act and it is the duty of the owner to comply with any requirements that the Act requires.

If the building is a 'Listed Building' or in a 'Conservation Area' Planning Permission will be required and work must not commence until this has been obtained.

One copy of this form is required, together with one copy of a site plan to identify the land and associated drainage on the site (preferably to a scale of 1:1250 and with the site outlined in red), and a copy of the Method Statement showing how the building is to be demolished and materials disposed of.

All demolition work is subject to the Construction (Design and Management)
Regulations 1994. It is the responsibility of the Client and Contractor to ensure that all requirements of these regulations are met and the Health and Safety Executive notified where appropriate.

No demolition operation should commence unless the Council has given a notice under Section 81 or six weeks has elapsed since the giving of notification to the
Council.

A person who fails to carry out the requirements of Section 80 of the Building Act 1984 is liable on summary conviction to a fine.

For advice on how to control pollution from construction and demolition sites please click on the link below:-

Control of Pollution from Construction and Demolition Sites

or call the Environmental Protection Unit on 0151 356 6740