Building (Scotland) Act 1959 (repealed)

11 Power of local authorities to require buildings to conform to building standards regulations. S

(1) The following provisions of this section shall have effect in relation to a building in the area of a local authority, being a building of a class to which the building standards regulations apply, where—

(a) the building does not conform to a provision of the building standards regulations;

(b) the local authority consider that the building ought, having regard to the need for securing the health, safety [F1 welfare] and convenience of the persons who will inhabit or frequent it and the safety of the public generally [F1 and for furthering the conservation of fuel and power], to be made to conform to that provision; and

(c) it is reasonably practicable to make the building conform to that provision.

(2) The local authority may serve on the owner of the building a notice specifying the provision to which they consider that the building ought to conform (in this section referred to as “the specified provision”) and requiring the owner within such period as may be specified in the notice, being a period of not less than twenty-eight days from the service of the notice, to show cause why the building should not conform to the specified provision.

(3) If within the period specified in the notice mentioned in the last foregoing subsection the owner of the building applies . . . F2 for a direction under section four of this Act in respect of the building and notifies the local authority that he has done so, the said period shall be deemed to be extended so as to expire

[F3 (a) where the direction applied for is given, at the end of the period of twenty-eight 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-eight days from the date of the refusal to give the direction;

(c) where the direction is refused by the [F4 local authority] or is granted by the [F4 local 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-eight days from the date on which the appeal is determined or abandoned;

and any reference in the subsequent provisions of this section to the specified provision shall, in a case where the specified provision is relaxed by any such direction, be construed as a reference to the specified provision as so relaxed.]

(4) If within the period specified in the notice mentioned in subsection (2) of this section (or, in a case falling within the last foregoing subsection, that period as extended by virtue of that subsection) the owner fails to show cause to the satisfaction of the local authority why the building should not be made to conform to the specified provision, the local authority may order the owner to make the building conform to the specified provision 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.

(5) Subject to the provisions of section seventeen of this Act, if on the expiration of the period specified in the order mentioned in the last foregoing subsection the owner of the building has not complied therewith, he shall be guilty of an offence against this Act, and the local authority may themselves execute the operations necessary to make the building conform to the specified provision; and any expenses thereby incurred by them shall be recoverable from the owner of the building as a debt.

(6) 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.

(7) No notice served under this section shall specify any provision of the building standards regulations which is described in the regulations as not being subject to specification in such a notice.

(8) An order under subsection (4) of this section shall not become operative—

(a) except in accordance with subsection (4) of section sixteen of this Act;

(b) before the disposal of any application for a warrant in respect of the operations which are the subject of the order, including the disposal of any appeal under section sixteen of this Act against a decision of the [F4 local authority] refusing to grant a warrant.

(9) In this section “reasonably practicable” means reasonably practicable having regard to all the circumstances, including the expense involved in executing the operations necessary to make the building conform to the specified provision.

Textual Amendments

F1 Words inserted by Health and Safety at Work etc. Act 1974 (c. 37), Sch. 7 para. 6

F2 Words repealed by Building (Scotland) Act 1970 (c. 38), Sch. 2

F3 Words substituted by Building (Scotland) Act 1970 (c. 38), Sch. 1 Pt. I para. 4(b)

F4 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 1