Building (Scotland) Act 1959 (repealed)

10 Powers in relation to buildings constructed without warrant or in contravention of conditions of warrant, and buildings whose life has expired. S

(1) If it appears to the [F1 local authority] that any building of a class to which the building standards regulations apply—

(a) has been or is being constructed without a warrant in respect of the construction having been obtained, or in contravention of the conditions on which a warrant was obtained, or

(b) remains in existence after the expiration of any period limited for it by the conditions on which the warrant for its construction was obtained,

[F2 they] may serve upon—

(i) the person by whom, or on whose behalf, the building has been or is being constructed, or

(ii) if that person no longer has an interest in the building, any other person who at the material time is entitled to the interest in the building which that person formerly had, or, if at the material time there is no such other person, the owner of the building,

a notice requiring him within such period as may be specified in the notice, being a period of not less than twenty-one days from the service of the notice, to show cause to the [F3 local authority] why he should not be required to execute such operations as may be specified in the notice, being operations for the removal of the building or operations necessary to make the building conform to the building standards regulations . . . F4

[F5 (1A) In any case falling within paragraph (a) of subsection (1) above, if within the period specified in the notice mentioned in that subsection the person upon whom that notice was served applies for a direction under section 4 of this Act in respect of the building and (if the application is made to the Secretary of State) notifies the [F3 local authority] that he has done so, the said period shall be deemed to be extended so as to expire—

(a) where the direction applied for is given, at the end of the period of twenty-one days from the date of the giving of the direction;

(b) where the direction is refused by the Secretary of State, at the end of the period of twenty-one days from the date of the refusal to give the direction;

(c) where the direction is refused by the [F3 local authority] or is granted by the authority subject to conditions—

(i) if no appeal is made within the period within which an appeal can be made to the Secretary of State under section 4A of this Act, at the end of that period,

(ii) if an appeal is made to the Secretary of State under the said section 4A, at the end of the period of twenty-one days from the date on which the appeal is determined or abandoned;

and any reference in the following provisions of this section to the operations specified in the notice shall, in a case where the building standards regulations are relaxed by any such direction, be construed as a reference to those operations in so far as they are necessary to make the building conform to the said regulations as so relaxed.

(1B) If within the period specified in the notice mentioned in subsection (1) above (or, in a case falling within subsection (1A) above, that period as extended by virtue of that subsection) the person upon whom the notice has been served fails to show cause to the satisfaction of the [F3 local authority] why he should not be required to execute the operations specified in the notice, the [F3 local authority] may order him within such period as may be specified in the order, being a period of not less than twenty-eight days from the date when the order becomes operative, to execute the operations aforesaid or such other operations for the same purpose as may be specified in the order.]

(2) Subject to the provisions of section seventeen of this Act, if on the expiration of the period specified in the order mentioned in [F6 subsection (1B) above] the person against whom the order has been made has not complied therewith, he shall be guilty of an offence against this Act, and the [F7 local authority may] execute the operations which the said person has failed to execute; . . . F8 and any expenses thereby incurred by them shall be recoverable from the said person as a debt.

(3) The provisions of the Sixth Schedule to this Act shall have effect for the purpose of securing the recovery by a local authority of any expenses recoverable by them under the last foregoing subsection from any person, if that person is the owner of the building.

(4) An order served under [F9 subsection (1B)] of this section shall become operative only in accordance with subsection (4) of section sixteen of this Act.

(5) A [F1 local authority] may include in a notice served by [F10 them] under subsection (1) of this section in respect of a building which is being constructed a requirement that the person on whom the notice is served shall cause the work thereon to be suspended until the matters raised in the notice have been determined, or until the expiration of the period of one month from the date of service of the notice, whichever first occurs.

(6) References in this section to the period limited for a building by the conditions on which the warrant for its construction was obtained are references to that period together with any extension thereof authorised by virtue of subsection (5) of section six of this Act.

(7) This section shall apply in relation to a part of a building, being a fixture the fitting of which is excluded from the operation of subsection (1) of section six of this Act by virtue of the proviso thereto, which—

(a) has been fitted, and

(b) either in itself or in the manner of its fitting fails to conform to the building standards regulations,

as it applies to a building which has been constructed as mentioned in paragraph (a) of subsection (1) of this section.

(8) For avoidance of doubt it is hereby declared that, in respect of any building, this section applies to any such deviation as is mentioned in subsection (7) of section six of this Act as it applies to the construction of the building.

Textual Amendments

F1 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 9(a)

F2 Word substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 9(a)

F3 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 1

F4 Words repealed by Building (Scotland) Act 1970 (c. 38), Sch. 2

F5 S. 10(1A)(1B) added by Building (Scotland) Act 1970 (c. 38), Sch. 1 Pt. I para. 3(b)

F6 Words substituted by Building (Scotland) Act 1970 (c. 38), Sch. 1 Pt. I para. 3(c)

F7 Words substituted by Local Government (Scotland) Act 1973 (c. 65), sch. 15 para. 9(b)

F8 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F9 Words substituted by Building (Scotland) Act 1970 (c. 38), Sch. 1 Pt. I para. 3(d)

F10 Word substituted by virtue of Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 9(a)