Part 5General
Evacuation of buildings
42Evacuation of buildings
1
Where a local authority considers that the occupants of a dangerous building or any adjacent building are endangered by the state of the dangerous building, the authority must require those occupants to remove immediately from the building in question.
2
A local authority must require the occupants of a dangerous building to remove immediately from the building if—
a
it intends to demolish the building under subsection (2) or (3) of section 29, or
b
it intends to carry out other work under either of those subsections and considers that the occupants may be endangered by the carrying out of the work.
3
A local authority must require the occupants of a dangerous building to remove from the building if the building is to be demolished in pursuance of a dangerous building notice.
4
A local authority must require the occupants of a building to remove from the building if—
a
it intends to carry out work under section 25(7)(b), 26(3)(b), 27(7)(b), 28(10)(b) or 30(4)(b), and
b
the authority considers that the occupants may be endangered by the carrying out of the work.
5
A requirement under subsection (3) or (4) must be made by notice in writing specifying—
a
the reason for the requirement, and
b
the period within which the occupants must remove from the building.
6
Subsection (7) applies where, following a requirement under this section, a person has removed from a building in compliance with the requirement or has been ejected from the building under schedule 5.
7
If the local authority considers that—
a
the ground for making the requirement no longer exists, and
b
if the person were to resume occupation of the building, there would be no other ground for making a requirement under this section in relation to the person,
the authority must (unless the building has been demolished) give the person notice to that effect.
8
Schedule 5 makes provision about the evacuation of buildings for the purposes of this section.
43Unlawful occupation of evacuated buildings
1
Any person who—
a
has removed from a building in compliance with a requirement under section 42, or has been ejected from a building under schedule 5, and
b
thereafter occupies the building,
is guilty of an offence unless notice under section 42(7) has been given to the person.
2
A person guilty of an offence under subsection (1) is liable—
a
on summary conviction to a fine not exceeding the statutory maximum,
b
on conviction on indictment, to a fine.