11. Code of Practice For Dangerous Buildings/Structures

Introduction

This Code of Practice has been prepared to let you know our obligations when notification of a Dangerous Building or Structure is received. It will detail the procedures that will be followed, responsibilities of the owner of a dangerous building or structure and the action available to ensure a dangerous building or structure is made safe. 

Legislation

The powers available for dealing with dangerous structures or buildings are contained within the Building Act 1984. 

Section 77 – Dangerous Buildings

If it is considered that a building or structure (or part) is overloaded or in a dangerous condition, then we may apply to a Magistrates Court for an Order compelling the owner either to rectify the condition or demolish the building. If the Order is not carried out within the time specified by the Court, we may carry out the works and recover any expenses from the owner. 

Section 78-Emergency Measures

If a building or structure is in such a dangerous condition that immediate action is required to remove the danger, then we may implement whatever measures are necessary to remove that danger.
If it is reasonably practicable to do so, we will notify the owner and occupier of the building in question of their intention to carry out the emergency measures. 

We are able to recover the expenses reasonably incurred in carrying out the work.

Notification of Dangerous Building or Structure

The public may notify us of a possible dangerous building or structure at any time:- 

• during working hours by calling in person at the Planning Section's offices at Portland House, Richmond Road, Worthing or by telephoning 01903 221344 and asking for the Building Control Group;
  
  
• outside of working hours by telephoning the Town Hall Supervisor, Tel: 01903 239999.

Inspection of Dangerous Buildings and Structures

We will:- 

• upon notification of an alleged dangerous building or structure, visit the site as soon as possible and will decide if further action is required and, if so, whether to use the powers available under Section 77 or 78 of the Building Act 1984.

If No Action is Required

If after inspection we decide that no danger exists, we will inform the owner of the building or structure in writing of the inspection and the reason why no formal action was thought necessary.

A copy of the letter will be sent to the person who notified us, if not the owner, for their information.

If Action Under Section 77 Building Act 1984 is Required

If after inspection we decide that the building or structure is in a dangerous condition and that action under Section 77 is required, we:- 

• will, if possible, contact the owner and request that remedial works are commenced to remove any danger. Any request that may be given verbally will, in any event, be confirmed in writing;
  
  
• will, if co-operation with the owner is not received, apply for a Magistrates Court Order;
  
  
• will, if contact with the owners is not immediately possible, in appropriate circumstances, consider taking emergency action under Section 78;
  
  
• at the expiry date of the Court Order, if remedial works have not commenced, will arrange for a builder to carry out the necessary works and will make arrangements to recover the costs involved;
  
  
• if at the time of the inspection, either during or outside of working hours, will, if public safety is at risk, arrange for protective barriers and appropriate warning signs to be displayed;
  
  
• will, when satisfied that the works are completed, in due course send a detailed invoice or invoices to the owner, which will include the cost of providing the protective barriers and warning signs, if applicable.

If Emergency Action Under Section 78 Building Act 1984 is Required

If, after inspection, we decide that the building or structure is in such condition that emergency action under Section 78 is required, we will either during or outside of working hours:- 

• if possible, contact the owner and confirm the details of the action being taken. Any confirmation that may be given verbally will in any event be confirmed in writing;
  
• if public safety is at risk arrange for protective barriers and appropriate warning signs to be displayed;
  
  
• make arrangements for a builder to attend the site and carry out whatever works are necessary to remove any danger;
  
  
• when satisfied that the works are completed, send a detailed invoice or invoices to the owner, which will include the cost of providing the protective barriers and warning signs, if applicable.

For further information and advice please contact the:

Building Control Group
Tel: 01903 221344
Minicom: 01903 204500
E-Mail: planning@worthing.gov.uk

or

Visit our web site at www.worthing.gov.uk/planning

A leaflet version of this Code of Practice is available in large print from our office.

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