Office of Public Sector Information
PART III continued
(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, [F1or 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 [F2 [F3section 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 M1Gas Act 1972 (public safety).
(6)Section 99 below applies in relation to a notice given under section 81(1) above.
F1Words 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
F2Words 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
F3Words 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).
C1S. 82 applied (with modifications) (07. 08. 1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2.S. 82 applied (with modifications) (10. 01. 1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2.
C2S. 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.
C3S. 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
C4S. 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
C5S. 82(4) amended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para.2(8); S.I. 1996/218, art.2
M11972 c. 60.
(1)Section 102 below applies in relation to a notice given under section 81 above.
(2)Among the grounds on which an appeal may be brought under section 102 below against such a notice are—
(a)in the case of a notice requiring an adjacent building to be shored up, that the owner of the building is not entitled to the support of that building by the building that is being demolished, and ought to pay, or contribute towards, the expenses of shoring it up,
(b)in the case of a notice requiring any surfaces of an adjacent building to be weatherproofed, that the owner of the adjacent building ought to pay, or contribute towards, the expenses of weatherproofing those surfaces.
(3)Where the grounds on which an appeal under section 102 below is brought include a ground specified in subsection (2) 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—
(i)in respect of the payment of, or contribution towards, the cost of the works by any such person, or
(ii)as to how any expenses that may be recoverable by the local authority are to be borne between the appellant and any such person.
(1)If a court or yard appurtenant to, or a passage giving access to, buildings to which this section applies—
(a)is not so formed, flagged, asphalted or paved, or
(b)is not provided with such works on, above or below its surface,
as to allow of the satisfactory drainage of its surface or subsoil to a proper outfall, the local authority may by notice require any person who is the owner of any of the buildings to execute all such works as may be necessary to remedy the defect.
(2)Sections 99 and 102 below apply in relation to a notice given under subsection (1) above.
(3)The buildings to which this section applies are houses and industrial and commercial buildings.
(4)This section applies in relation to any court, yard or passage that is used in common by the occupiers of two or more houses, or a house and a commercial or industrial building, but is not a highway maintainable at the public expense.
C1S. 84 applied (with modifications) (07. 08. 1991) by S.I. 1991/1773, art. 8(2)(3), Sch.2.S. 84 applied (with modifications) (10. 01. 1992) by S.I. 1991/2913, art. 8(2)(3), Sch.2.
C2S. 84: certain functions transferred (07. 08. 1991) by S.I. 1991/1773, art. 8(1)(3), Sch.2.S. 84: certain functions transferred (10. 01. 1992) by S.I. 1991/2913, art. 8(1)(3), Sch.2.
(1)Except with the consent of the local authority—
(a)an entrance to a court or yard on which two or more houses front or abut shall not be closed, narrowed, reduced in height or otherwise altered so as to impede the free circulation of air through the entrance, and
(b)no permanent structure shall be erected so as to impede the free circulation of air through such an entrance.
(2)A local authority in giving a consent under this section may impose such conditions as they think fit with respect to the provision of other openings or means of access, or other means for securing free circulation of air throughout the court or yard.
(3)A person aggrieved by the refusal of a local authority to give a consent under this section, or by a condition imposed by them, may appeal to a magistrates’ court.
(4)A person who contravenes this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £2 for each day on which the offence continues after he is convicted.
(1)Where a person—
(a)is aggrieved by an order, determination or other decision of a magistrates’ court under this Part of this Act, or under Part IV of this Act as it applies in relation to this Part, and
(b)is not by any other enactment authorised to appeal to the Crown Court,
he may appeal to the Crown Court.
(2)Subsection (1) above does not confer a right of appeal in a case in which each of the parties concerned might under this Act have required that the dispute should be determined by arbitration instead of by a magistrates’ court.
(1)This section applies to any house, building or other premises being property belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall, or belonging to a government department, or held in trust for Her Majesty for purposes of a government department.
(2)In relation to any such property, the appropriate authority may agree with—
(a)the council of the county, or
(b)the local authority of the district,
in which the property is situated that any particular provisions of this Part of this Act, and of Part IV of this Act so far as it relates to this Part, shall apply to the property; and, while the agreement is in force, those provisions shall apply to that property accordingly, subject to the terms of the agreement.
[F1(2A)Subsection (2) above shall apply in relation to property in Wales as if—
(a)in paragraph (a) the reference to a county included a reference to a county borough; and
(b)paragraph (b) were omitted.]
(3)Any such agreement may contain such consequential and incidental provisions (including, with the approval of the Treasury, provisions of a financial character) as appear to the appropriate authority to be necessary or equitable.
(4)In this section, “the appropriate authority” means—
(a)in the case of property belonging to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having the management of the property,
(b)in the case of property belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy,
(c)in the case of property belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints, and
(d)in the case of property belonging to a government department or held in trust for Her Majesty for purposes of a government department, that department,
and, if a question arises as to what authority is the appropriate authority in relation to any property, that question shall be referred to the Treasury, whose decision is final.
F1S. 87(2A) inserted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 15(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); s.I. 1996/396, art. 3, Sch.1
C1S. 87 modified (17.7.1992) by S.I. 1992/1732, art. 4(2)
(1)In its application to inner London, this Part of this Act has effect subject to Part II of Schedule 3 to this Act.
(2)Part III of Schedule 3 to this Act has effect with respect to building and the drainage of buildings in the inner London boroughs.
(3)Part IV of Schedule 3 to this Act has effect with respect to the making of byelaws . . . F1—
(a)for the inner London boroughs, with respect to certain matters, and
(b)for the inner London boroughs, the Inner Temple and the Middle Temple, with respect to certain other matters.
F1Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
(1)Subject to subsection (2) below, for any reference to—
(a)building byelaws as defined in section 343 of the M1Public Health Act 1936, or
(b)byelaws made under Part II of that Act with respect to buildings, works and fittings,
that occurs in an Act, or in an instrument having effect under an Act, there is substituted a reference to building regulations.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
F1S. 89(2) repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, 5(2), Sch. 1 Pt. I, Sch. 4
M11936 c. 49.
(1)In an area in which there is in force a local Act containing provisions that impose an obligation or restriction as to the construction, nature or situation of buildings, the local authority shall keep a copy of those provisions at their offices for inspection by the public at all reasonable times free of charge.
(2)Any question as to what provisions of a local Act are provisions of which a copy is to be so kept shall, on the application of the local authority, be determined by the Secretary of State.
Building Act 1984