Yards and passagesE+W
84 Paving and drainage of yards and passages.E+W
(1)If a court or yard appurtenant to, or a passage giving access to, buildings to which this section applies—
(a)is not so formed, flagged, asphalted or paved, or
(b)is not provided with such works on, above or below its surface,
as to allow of the satisfactory drainage of its surface or subsoil [F1to a proper outfall] [F1(having regard both to the need to remove water from the court, yard or passage and also to the need to dispose of it satisfactorily in the course of or after its removal)], the local authority may by notice require any person who is the owner of any of the buildings to execute all such works as may be necessary to remedy the defect.
(2)Sections 99 and 102 below apply in relation to a notice given under subsection (1) above.
(3)The buildings to which this section applies are houses and industrial and commercial buildings.
(4)This section applies in relation to any court, yard or passage that is used in common by the occupiers of two or more houses, or a house and a commercial or industrial building, but is not a highway maintainable at the public expense.
Textual Amendments
F1Words in s. 84(1) substituted (2.5.2018 for W. for specified purposes, 7.1.2019 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 3 para. 26(4) (with s. 49(1)(6)); S.I. 2018/557, arts. 2(b), 3(b)
Modifications etc. (not altering text)
C1S. 84 applied (with modifications) (07. 08. 1991) by S.I. 1991/1773, art. 8(2)(3), Sch.2.S. 84 applied (with modifications) (10. 01. 1992) by S.I. 1991/2913, art. 8(2)(3), Sch.2.
C2S. 84: certain functions transferred (07. 08. 1991) by S.I. 1991/1773, art. 8(1)(3), Sch.2.S. 84: certain functions transferred (10. 01. 1992) by S.I. 1991/2913, art. 8(1)(3), Sch.2.
85 Maintenance of entrances to courtyards.E+W
(1)Except with the consent of the local authority—
(a)an entrance to a court or yard on which two or more houses front or abut shall not be closed, narrowed, reduced in height or otherwise altered so as to impede the free circulation of air through the entrance, and
(b)no permanent structure shall be erected so as to impede the free circulation of air through such an entrance.
(2)A local authority in giving a consent under this section may impose such conditions as they think fit with respect to the provision of other openings or means of access, or other means for securing free circulation of air throughout the court or yard.
(3)A person aggrieved by the refusal of a local authority to give a consent under this section, or by a condition imposed by them, may appeal to [F2a magistrates’ court] [F2the appropriate court or tribunal].
(4)A person who contravenes this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £2 for each day on which the offence continues after he is convicted.
Textual Amendments
F2Words in s. 85(3) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(p); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)