Housing (Scotland) Act 1987

126 Effect of resolution for demolition of obstructive building. S

(1) Subject to the provisions of this section, where a local authority have made a resolution and required a building to be vacated under section 125(4), they shall be bound to purchase the building if the owner offers to sell it to them.

(2) On purchasing a building under this section, the local authority shall demolish it as soon as possible after they obtain possession of it.

(3) A local authority shall only be bound to purchase the building if—

(a) the offer is made before the expiry of the period within which the resolution requires it to be vacated; and

(b) the acquisition of the owner’s interest would, apart from section 125, enable them to demolish the building.

(4) The offer to sell shall be at a price to be assessed by the Lands Tribunal in accordance with the M1 Land Compensation (Scotland) Act 1963, as modified by Schedule 1, as if it were compensation for compulsory purchase.

(5) If no such offer as is mentioned in subsection (1) is made before the expiry of the said period, the local authority shall, as soon as may be thereafter, carry out the demolition and shall have the like right to sell the materials rendered available thereby as if they had purchased the building.

(6) Where the demolition of a building is carried out under subsection (5), compensation shall be paid by the local authority to the owner in respect of loss arising from the demolition, and that compensation shall, notwithstanding that no land is acquired compulsorily by the authority, be assessed by the Lands Tribunal in accordance with the said Act of 1963, as modified by Schedule I, except that paragraphs (2) to (6) of section 12 of the said Act of 1963 shall not apply and that paragraph (1) of the said section 12 shall have effect with the substitution, for the reference to acquisition, of a reference to demolition.

Marginal Citations

M1 1963 c.51.