Building Act 1984

59 Drainage of building. E+W

(1) If it appears to a local authority that in the case of a building—

(a) satisfactory provision has not been, and ought to be, made for drainage as defined in section 21(2) above,

(b) a cesspool, private sewer, drain, soil pipe, rain-water pipe, spout, sink or other necessary appliance provided for the building is insufficient or, in the case of a private sewer or drain communicating directly or indirectly with a public sewer, is so defective as to admit subsoil water,

(c) a cesspool or other such work or appliance as aforesaid provided for the building is in such a condition as to be prejudicial to health or a nuisance, or

(d) a cesspool, private sewer or drain formerly used for the drainage of the building, but no longer used for it, is prejudicial to health or a nuisance,

they shall by notice require the owner of the building to make satisfactory provision for the drainage of the building, or, as the case may be, require either the owner or the occupier of the building to do such work as may be necessary for renewing, repairing or cleansing the existing cesspool, sewer, drain, pipe, spout, sink or other appliance, or for filling up, removing or otherwise rendering innocuous the disused cesspool, sewer or drain.

(2) Sections 99 and 102 below apply in relation to a notice given under subsection (1) above.

(3) Subsections (4), (5) and (6) of section 21 above apply in relation to a drain that a local authority require to be constructed under this section as they apply in relation to such a proposed drain as is mentioned in that section.

(4) Subsection (1) above, so far as it empowers a local authority to take action in the cases mentioned in paragraphs (a) and (b) of the subsection, does not apply in relation to a building belonging to statutory undertakers . . . F1 or the Civil Aviation Authority and held or used by them for the purposes of their undertaking, unless it is—

(a) a house, . . . F2 or

(b) a building used as offices or showrooms, and not forming part of a railway station or in the case of . . . F2 or the Civil Aviation Authority not being on an aerodrome owned by the Authority . . . F2 .

Textual Amendments

F1 Words repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6 Pt. I

F2 Words repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6 Pt. I

Modifications etc. (not altering text)

C1 S. 59 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt I para.5 (with ss. 42, 46)..

C2 S. 59(4) applied with modifications by Airports Act 1986 (c. 31, SIF 9), s. 58, Sch. 2 para. 6(b)