Building (Scotland) Act 1959 (repealed)

13 Action to be taken in respect of buildings found to be dangerous. S

(1) If it appears to the [F1 local authority] that any building is dangerous to persons inhabiting or frequenting it or adjacent buildings or places or to the public generally [F2 they] shall forthwith—

(a) require any occupants of the building in question, and of any adjacent building, being persons whom [F2 they consider] to be endangered by the state of the building in question, to remove immediately from those buildings;

(b) cause to be executed such operations (including, if necessary, demolition operations) as in [F2 their] opinion are necessary for preventing access to the building and any adjacent parts of any road or public place which appear to [F2 them] to be dangerous by reason of the state of the building and otherwise for the protection of the public and of persons and property on the land adjacent to the building; and

(c) serve on the owner of the building a notice requiring him within a period of seven days from the service of the notice to begin, and within such further period as may be specified in the notice, being a period of not less than twenty-one days from the expiration of the first mentioned period, to complete to the satisfaction of the [F1 local authority], such operations for the repair, securing or demolition of the building as may be so specified, being operations necessary in the opinion of the [F1 local authority] to remove the danger.

(2) If on the expiration of the period of seven days referred to in paragraph (c) of the foregoing subsection the owner of the building has not begun, or if on the expiration of the period of not less than twenty-one days so referred to he has not completed, the operations required by a notice given under that paragraph [F3 the local authority, after giving the owner and any other person appearing to them to have an interest an opportunity to be heard, may make an order requiring the owner to execute the said operations within such period as shall be stated in the order.];

(3) An order under the foregoing subsection shall become operative only in accordance with subsection (4) of section sixteen of this Act.

[F4 (4) If an order under subsection (2) above is not duly complied with, the local authority may execute the operations which the owner has failed to execute or demolish the building.]

(5) Any expenses incurred by a local authority [F3 in executing their functions] under this section in respect of any building, shall, subject to the provisions of section seventeen of this Act, be recoverable by the local authority from the owner of the building as a debt; and 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 this section.

(6) The provisions of the Seventh Schedule to this Act shall have effect for the purpose of securing the removal—

(a) from a building, of any occupant who, on being required under paragraph (a) of subsection (1) of this section to remove from the building in the circumstances mentioned in that subsection, fails to do so; and

(b) from a building which is the subject of an order under this section requiring it to be demolished, of the occupants thereof.

Textual Amendments

F1 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 10(a)

F2 Words substituted by virtue of Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 10(a)

F3 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 10(b)(d)

F4 S. 13(4) substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 10(c)