Office of Public Sector Information

Part III Other Provisions about Buildings

Drainage

59 Drainage of building

(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 F1. . .,

(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 . . . [F2the Civil Aviation Authority or a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) and held or used by such a body or person for the purpose of that body’s or that person’s undertaking], unless it is—

(a)a house, . . . F3 or

(b)a building used as offices or showrooms, and not forming part of a railway station or in the case of . . . F3 or the Civil Aviation Authority not being on an aerodrome owned by the Authority . . . F3.

[F4(5)For the purposes of subsection (4) above, the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall be taken to be the person’s undertaking as licence holder.]

[F5(6)In subsection (1) above, “drainage” includes the conveyance, by means of a sink and any other necessary appliance, of refuse water and the conveyance of rainwater from roofs.]

60 Use and ventilation of soil pipes

(1)A pipe for conveying rain-water from a roof shall not be used for the purpose of conveying the soil or dranage from a sanitary convenience.

(2)The soil pipe from a water-closet shall be properly ventilated.

(3)A pipe for conveying surface water from premises shall not be permitted to act as a ventilating shaft to a drain or sewer conveying foul water.

(4)If it appears to the local authority . . . F1 that there is on any premises a contravention of any provision of this section, they may by notice require the owner or the occupier of those premises to execute such work as may be necessary to remedy the matter.

(5)Sections 99 and 102 below apply in relation to a notice given under subsection (4) above.

61 Repair etc, of drain

(1)No person shall—

(a)except in case of emergency, repair, reconstruct or alter the course of an underground drain that communicates with a sewer, or with a cesspool or other receptacle for drainage, or

(b)where in a case of emergency any such works have been executed without notice, cover over the drain or sewer,

without giving to the local authority at least 24 hours’ notice of his intention to do so.

(2)While any such work as aforesaid is being executed, all persons concerned shall permit the proper officer, or any other authorised officer, of the local authority to have free access to the work.

(3)A person who fails to comply with this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)This section does not apply to—

(a)so much of a drain or sewer constructed by, or belonging to, a railway company as runs under, across or along their railway, or

(b)so much of a drain or sewer constructed by, or belonging to, dock undertakers as is situated in or on land of the undertakers that is held or used by them for the purposes of their undertaking.

62 Disconnection of drain

(1)Where a person—

(a)reconstructs in the same or a new position a drain that communicates with a sewer or another drain,

(b)executes any works to such a drain so as permanently to discontinue its use, or

(c)executes any works on premises served by such a drain so as permanently to discontinue its use,

he shall cause any drains or parts of drains thereby becoming disused or unnecessary to be disconnected and sealed at such points as the local authority may resonably require.

(2)Any question as to the reasonableness of a requirement of a local authority under this section shall be determined by a magistrates’ court, and the court may vary the requirement as it thinks fit.

(3)No one shall be required under this section to carry out any work in land outside the premises served by the drain if he has not right to carry out that work, but, subject to section 101 below, the person undertaking the reconstruction of the drain or the execution of the works may break open any street for the purpose of complying with a requirement under this section.

(4)Before a person complies with a requirement under this section, he shall give at least 48 hours’ notice to the local authority, and a person who fails to comply with this subsection is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(5)A person who knowingly fails to comply with subsection (1) above is liable on summary conviction to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £1 for each day on which the default continues after he is convicted.

(6)This section does not apply in relation to anything done in the course of the demolition of a building, or of part of a building, being a demolition as respects which the local authority have power under section 81 below to serve a notice on the person undertaking the demolition.

63 Improper construction or repair of water-closet or drain

(1)If a water-closet, drain or soil pipe is so constructed or repaired as to be prejudicial to health or a nuisance, the person who undertook or executed the contruction or repair is liable on summary conviction to a fine not exceeding level 1 on the standard scale, unless he shows that the prejudice to health or nuisance could not have been avoided by the exercise of reasonable care.

(2)A person charged with an offence under this section (hereafter in this section referred to as “the original defendant”) is entitled, upon information duly laid by him and on giving to the prosecutor not less than three clear days’ notice of his intention, to have any other person, being his agent or servant, to whose act or default he alleges that the offence was due brought before the court at the time appointed for the hearing of the charge; and—

(a)if after the commission of the offence has been proved the original defendant proves that the offence was due to the act or default of that other person, that other person may be convicted of the offence, and

(b)if the original defendant further proves that he used all due diligence to secure that the water-closet, drain or soil pipe in question was so constructed or repaired as not to be prejudicial to health or a nuisance, he shall be acquitted of the offence.

(3)Where the original defendant seeks to avail himself of subsection (2) above—

(a)the prosecutor as well as the person whom the original defendant charges with the offence has the tight to cross-examine the original defendant, if he gives evidence, and any witness called by him in support of his pleas, and to call rebutting evidence, and

(b)the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party to them.

(4)In this section in its application to Greater London, a reference to a water-closet includes a reference to a urinal.

Provision of sanitary conveniences

64 Provision of closets in building

(1)If it appears to a local authority—

(a)that a building is without sufficient closet accommodation,

(b)that a part of a building, being a part that is occupied as a separate dwelling, is without sufficient closet accommodation, or

(c)that any closets provided for or in connection with a building are in such a state as to be prejudicial to health or a nuisance and cannot without reconstruction be put into a satisfactory condition,

the authority shall, by notice to the owner of the building, require him to provide the building with such closets or additional closets, or such substituted closets, being in each case either water-closets or earth-closets, as may be necessary.

(2)Unless a sufficient water supply and sewer are available, the authority shall not require the provision of a water-closet except in substitution for an existing water-closet.

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

(4)Among the grounds on which an appeal may be brought under section 102 below against such a notice is that—

(a)the need for the works to be executed under the notice would not, in whole or in part, arise but for the occupation of part of the building as a separate dwelling, and the occupation of that part as a separate dwelling is a matter in respect of which the appellant has a cause of action, and

(b)the person against whom the appellant has a cause of action ought to contribute towards the expenses of executing the works.

(5)Where the grounds on which an appeal under section 102 below is brought include the ground specified in subsection (4) above—

(a)the appellant shall serve a copy of his notice of appeal on the person or persons referred to in that ground of appeal, and

(b)on the hearing of the appeal the court may make such order as it thinks fit with respect to—

(i)the contribution to be made by any such person towards the cost of the works, or

(ii)the proportion in which any expenses that may be recoverable by the local authority are to be borne by the appellant and any such other person.

(6)This section does not apply to—

(a)a factory,

(b)a building that is used as a workplace, or

(c)premises to which the M1Offices, Shops and Railway Premises Act 1963 applies.

65 Provision of sanitary conveniences in workplace

(1)A building that is used as a workplace shall be provided with—

(a)sufficient and satisfactory accommodation in the way of sanitary conveniences, regard being had to the number of persons employed in, or in attendance at, the building, and

(b)where persons of both sexes are employed or in attendance, sufficient and satisfactory separate accommodation for persons of each sex, unless the local authority are satisfied that in the circumstances of the partiuclar case the provision of such separate accommodation is unnecessary.

(2)If it appears to the local authority that subsection (1) above is not complied with in the case of any building, they shall by notice require the owner or the occupier of the building to make such alterations in the existing conveniences, and to provide such additional conveniences, as may be necessary.

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

(4)This section does not apply to premises to which the Offices, Shops and Railway Premises Act 1963 applies.

66 Replacement of earth-closets etc

(1)If a building has a sufficient water supply and sewer available, the local authority may, subject to this section, by notice to the owner of the building require that any closets, other than water-closets, provided for, or in connection with, the building shall be replaced by water-closets, notwithstanding that the closets are not insufficient in number and are not prejudicial to health or a nuisance.

(2)A notice under subsection (1)

above shall—

(a)require the owner to execute the necessary works, or

(b)require that the authority themselves shall be allowed to execute them,

and shall state the effect of subsection (3) below.

(3)Where the local authority give a notice under subsection (1) above—

(a)if it requires the owner to execute the works, the owner is entitled to recover from them one-half of the expenses reasonably incurred by him in the execution of the works, and

(b)if it requires that they shall be allowed to execute the works, they are entitled to recover from the owner one-half of the expenses reasonably incurred by them in the execution of the works.

(4)Where the owner of a building proposes to provide it with a water-closet in subsititution for a closet of any other type, the local authority may, if they think fit, agree to pay him a part, not exceeding one-half, of the expenses reasonably incurred in effecting the replacement, notwithstanding that a notice has not been given by them under subsection (1) above.

(5)Sections 99 and 102 below apply in relation to a notice given under subsection (1) above, subject to the following modifications—

(a)no appeal lies on the ground that the works are unnecessary, and

(b)any reference in the said section 99 to the expenses reasonably incurred in executing works is a reference to one-half of those expenses.

67 Loan of termporary sanitary conveniences

(1)A local authority may, at the request of the occupier of any premises connected with a cesspool, sewer or drain on which any work of maintenance, improvement or repair that necessitates the disconnection of the sanitary conveniences provided for or in connection with the premises is to be carried out—

(a)by a local authority, or

(b)by the owner or occupier of the premises in pursuance of section 59 above,

supply on loan temporary sanitary conveniences in substitution for any sanitary conveniences so disconnected.

(2)Subject to the following provisions of this section, the local authority may make reasonable charges for supplying, removing and cleansing any temporary sanitary conveniences lent under this section for more than seven days.

(3)No charge may be made under subsection (2) above—

(a)for the use of the temporary sanitary conveniences for the first seven days, or

(b)in a case where the work is made necessary by a defect in a public sewer . . . F1

(4)No charge may be made under subsecction (2) above where the work is made necessary—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(b)by a defect in a cesspool, private sewer or drain in respect of which the local authority have served a notice under section 59 above,

but, if the temporary sanitary conveniences are provided for a period of more than seven days, the reasonable expenses of supplying, removing and cleansing them are recoverable from the owner of the premises (but not any charge for the use of them for the first seven days).

(5)In proceedings to recover expenses under subsection (4) above, the court may—

(a)inquire whether the expenses ought to be borne wholly or in part by some person other than the defendant in the proceedings, and

(b)make such order concerning the expenses or their apportionment as appears to the court to be just,

but the court shall not order the expenses or any part of them to be borne by any person other than the defendent in the proceedings unless the court is satisfied that that other person has had notice of the proceedings and an opportunity of being heard.

68 Erection of public conveniences

(1)No person shall erect a public sanitary convenience in, or so as to be accessible from, a street without the consent of the local authority, who may give their consent upon such terms as to the use of the convenience or its removal at any time, if required by them, as they think fit.

(2)A person who contravenes subsection (1) above is liable on summary conviction to a fine not exceeding level 1 on the standard scale, without prejudice to the right of the authority under subsection (4) below to require the convenience to be removed.

(3)A person aggrieved by the refusal of a local authority to give a consent under subsection (1) above, or by any terms imposed by them, may appeal to a magistrates’ court.

(4)The local authority may by notice require—

(a)the owner of a sanitary convenience—

(i)that has been erected in contravention of subsection (1) above, or

(ii)that the authority are, by virtue of the terms of a consent given under that subsection, entitled to require to be removed,

to remove it, or

(b)the owner of a sanitary convenience that opens on a street, and is so placed or constructed as to be a nuisance or offensive to public decency, to remove it or permanently close it.

(5)Sections 99 and 102 below apply in relation to a notice given under subsection (4) above.

(6)in this section, a reference to a local authority, in relation to a street that is a highway for which the local authority are not the highway authority, is a reference to the highway authority.

(7)Subsection (1) above does not apply to a sanitary convenience erected—

(a)by a railway company within their railway station or its yard or approaches, or

(b)by dock undertakers in or on land that belongs to them and is held or used by them for the purposes of their undertaking.

(8)This section does not affect the powers of—

(a)a county council . . . F1 under section 87 of the M1Public Health Act 1936,

(b)the Secretary of State under section 112 of the M2Highways Act 1980, or

(c)a county council under section 114(1) of the Highways Act 1980.

Buildings

69 Provision of water supply in occupied house

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

70 Provision of food storage accommodation in house

(1)If it appears to a local authority that a house, or part of a building that is occupied as a separate dwelling, is without sufficient and suitable accommodation for the storage of food, the local authority may by notice require the owner of the house or building to provide the house or building with sufficient and suitable accommodation for that purpose.

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

(3)Among the grounds on which an appeal may be brought under section 102 below against such a notice are—

(a)that it is not reasonably practicable to comply with the notice;

(b)that—

(i)the need for the works to be executed under the notice would not, in whole or in part, arise but for the occupation of part of the building as a separate dwelling, and that the occupation of that part as a separate dwelling is a matter in respect of which the appellant has a cause of action, and

(ii)the person against whom the appellant has a cause of action ought to contribute towards the expenses of executing the works.

(4)Where the grounds on which an appeal under section 102 below is brought include the ground specified in subsection (3)(b) above—

(a)the appellant shall serve a copy of his notice of appeal on the person or persons referred to in that ground of appeal, and

(b)on the hearing of the appeal the court may make such order as it thinks fit with respect to—

(i)the contribution to be made by any such person towards the cost of the works, or

(ii)the proportion in which any expenses that may be recoverable by the local authority are to be borne by the appellant and any such other person.

71Entrances, exits etc. to be required in certain cases

(1)If it appears to a local authority that a building to which this section applies is not provided with such means of ingress and egress and passages or gangways as the authority, after consultation with the fire authority, deem satisfactory, regard being had to—

(a)the purposes for which the building is used, and

(b)the number of persons likely to resort to it at any one time,

the authority shall by notice require the owner of the building to execute such work and make such provision in regard to the matters aforesaid as may be necessary.

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

(3)If the authority are satisfied that the safety of the public requires that immediate action should be taken in the case of any building as respects which they have given a notice under subsection (1) above, they may apply to a magistrates’ court, and the court may make such temporary order as it thinks fit for the closing of the building to, or for restricting its use by the public.

(4)The person having the control of any building to which this section applies shall take steps to secure that the means of ingress and egress and the passages and gangways, while persons are assembled in the building, are kept free and unobstructed, except in so far as the local authority may, after consultation with the fire authority, otherwise approve, and if he fails to do so he is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(5)This section applies to the buildings to which section 24 above applies

(6)This section has effect subject to section 30(3) of the M1Fire Precautions Act 1971.

72 Means of escape from fire

(1)If it appears to a local authority, after consultation with the fire authority, that—

(a)a building to which this section applies is not provided, or

(b)a proposed building that will be building to which this section applies will not be provided,

with such means of escape in case of fire as the local authority, after such consultation, deem necessary from each storey whose floor is more that twenty feet above the surface of the street or ground on any side of the building, the authority shall by notice require the owner of the building, or, as the case may be, the person proposing to erect the building, to execute such work or make such other provision in regard to the matters aforesaid as may be necessary.

(2)Sections 99 and 102 below apply in relation to a notice given under subsection (1) above in so far as it requires a person to execute works.

(3)In so far as such a notice requires a person to make provision otherwise than by the execution of works, he is, if he fails to comply with the notice, liable on summary conviction to a fine not exceeding level 4 on the standard scale and to a further fine not exceeding £2 for each day on which the offence continues after he is convicted.

(4)In proceedings under subsection (3) above, it is open to the defendant to question the reasonableness of the authority’s requirements.

(5)Where building regulations imposing requirements as to the provision of means of escape in case of fire are applicable to a proposed building or proposed extension of a building, or would be so applicable but for a direction under section 8 above dispensing with such requirements—

(a)this section, and

(b)any provision of a local Act that has effect in place of this section,

does not apply in relation to the proposed building or extension.

(6)This section applies to a building that exceeds two storeys in height and in which the floor of any upper storey is more than twenty feet above the surface of the street or ground on any side of the building and that—

(a)is let in flats or tenement dwellings,

(b)is used as an inn, hotel, boarding-house, hospital, nursing home, boarding-school, children’s home or similar institution, or

(c)is used as a restaurant, shop, store or warehouse and has on an upper floor sleeping accommodation for persons employed on the premises.

(7)This section has effect subject to section 30(3) of the M1Fire Precautions Act 1971.