Building Act 1984

82 Notices under section 81. E+W

(1) A notice under section 81(1) above may require the person to whom it is given—

(a) to shore up any building adjacent to the building to which the notices relates,

(b) to weatherproof any surfaces of an adjacent building that are exposed by the demolition,

(c) to repair and make good any damage to an adjacent building caused by the demolition or by the negligent act or omission of any person engaged in it,

(d) to remove material or rubbish resulting from the demolition and clearance of the site,

(e) to disconnect and seal, at such points as the local authority may reasonably require, any sewer or drain in or under the building,

(f) to remove any such sewer or drain, and seal any sewer or drain with which the sewer or drain to be removed is connected,

(g) to make good to the satisfaction of the local authority the surface of the ground disturbed by anything done under paragraph (e) or (f) above,

(h) to make arrangements with the relevant statutory undertakers for the disconnection of the supply of gas, electricity and water to the building,

[F1 (i) to make such arrangements with regard to the burning of structures or materials on the site as may be reasonably required by the fire and rescue authority;]

(j) to take such steps relating to the conditions subject to which, the demolition is to be undertaken, and the condition in which the site is to be left on completion of the demolition, as the local authority may consider reasonably necessary for the protection of the public and the preservation of public amenity.

(2) No one shall be required under paragraph (c), (e) or (f) of subsection (1) above to carry out any work in land outside the premises on which the works of demolition are being carried out if he has no right to carry out that work, but, subject to section 101 below, the person undertaking the demolition, or the local authority acting in his default, may break open any street for the purpose of complying with any such requirement.

(3) Before a person complies with a requirement under paragraph (e), (f) or (g) of subsection (1) above, he shall give to the local authority—

(a) at least 48 hours’ notice, in the case of a requirement under paragraph (e) or (f), or

(b) at least 24 hours’ notice, in the case of a requirement under paragraph (g),

and a person who fails to comply with this subsection is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(4) This section does not authorise interference with apparatus or works of statutory undertakers authorised by an enactment to carry on an undertaking for the supply of electricity, [F2 or gas or with apparatus or works of a water undertaker or sewerage undertaker].

(5) Without prejudice to the generality of subsection (4) above, this section does not exempt a person from—

(a) the obligation to obtain any consent required under [F3 [F4 section 174 of the Water Industry Act 1991 or section 176 of the Water Resources Act 1991] (interference with water supplies or with waterworks)]

(b) criminal liability under any enactment relating to the supply of gas or electricity, or

(c) the requirements of regulations under section 31 of the M1 Gas Act 1972 (public safety).

(6) Section 99 below applies in relation to a notice given under section 81(1) above.

Textual Amendments

F1 S. 82(1)(i) substituted (1.10.2006) by Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 2 para. 33(7) (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2)

F2 Words substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 70(2)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F3 Words substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 70(2)(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F4 Words in s. 82(5)(a) substituted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 39(4).

Modifications etc. (not altering text)

C1 S. 82 applied (with modifications) (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2

S. 82 applied (with modifications) (10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2

C2 S. 82: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch.2

S. 82: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8(1)(3), Sch.2

C3 S. 82 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 22 para. 6

C4 Ss. 81, 82 excluded (3.11.2022) by The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 (S.I. 2022/1067), arts. 1, 5(3)

C5 S. 82(4) amended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(8), Sch. 8 para. 33

C6 S. 82(4) amended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 1(7), Sch. 17 para. 33

C7 S. 82(4) amended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para.2(8); S.I. 1996/218, art.2

Marginal Citations

M1 1972 c. 60.