Demolition

- Control and Advice
- Exemptions
- Enforcements

Control and Advice

The Building Act 1984 contains privisions under Section 80 that require the Local Authority to be advised, in writing of any intended demolition at least 6 weeks before the work is carried out.

The written notice that is provided must specify the address/location of the building, details and extent of the demolition works, and details of the person/company undertaking these demolition works. Additionally information should be provided that:-

• The occupiers of adjacent buildings have been notified, and compliance with the Party Wall Act has been achieved.
• The gas supply for the building has been terminated.
• The electricity supply for the building has been terminated.
• The water supply for the building has been terminated.
• Drainage from the building/site will be sealed.
• How the site will be secured following completion.

Anyone who intends to demolish a building or a part of a building, whether the owner or the demolition contractor, must serve the above mentioned notice on this Council's Building Control Section informing of their intentions before demolition work starts. Demolition may not commence until the Council has given permission or a period of six weeks from the giving of the notice of intended demolition has elapsed.

If the building is in a conservation area or is listed as being of architectural or historic interest, Listed Building Consent will also be required.

Demolition Notice (193KB)

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Exemptions

The only exemptions from serving a demolition notice are for buildings not requiring Listed Building Consent as follows:

• The demolition of an internal part of a building if the building continues to be occupied.
• Buildings having an internal size of less than 50m³ (this volume is less than the size of an average double garage).
• Extensions on a larger building that consists of a domestic doubles greenhouse, conservatory, shed or pre-fabricated.
• The building is an agricultural building, as defined in Section 26 of the General Rate Act 1967, unless it is attached to a building that is itself not an agricultural building.

Other parties to be notified

The owner or demolition contractor must also submit the following when serving notice under Section 80 of the Building Act 1984 on the Council.

• The owners of any buildings adjacent to the building to be demolished.
• Gas Authority
• Electricity Authority
• Water Authority

What will the Council do?

A Building Control Surveyor will visit the site, and ensure that copies of the notices have been forwarded to those mentioned above.

The Highways section of the Council is consulted to ensure that safe access is possible to the site, and if deemed necessary the Fire Brigade and the Health and Safety Executive are also consulted.

When giving approval for the demolition to take place the Council will require the owner/contractor to adhere to certain conditions, including:-

• Adequate shoring, repair and weather proofing of adjacent buildings.
• Removal of material or rubbish and disconnection, removal or sealing of drainage.
• The disconnection of Gas, Electricity and water supplies.
• The burning of materials on site in a controlled manner.

The Council gives approval by serving a counter notice on the person intending to carry out the demolition work, under Section 81 of the Building Act 1984; or

A period of six weeks has expired since written notification of the intended demolition was given to the Council.

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Enforcements

Building and/or demolition works can cause a nuisance to neighbours. To help reduce and avoid causing a nuisance and stop any action being taken by the Council please follow the advice below when carrying out works.

Tell the council and the neighbours:

• Give the Local Authority 6 weeks notice of demolition work. The council may impose some conditions about how the work should be done.
• Send a letter to the neighbours before work starts, telling them about the work and what to expect. Give the neighbours a contact name and telephone number and keep them informed.
• Deal promptly with any complaints received on site.

Keep dust, noise and smoke to a minimum

• Dust: Keep dust down by spraying with water when and where you can.
• Noise: There should be no noise heard from the site outside specified hours.

Particularly noisy operations (eg Pile Driving) may need more stringent controls. Pumps and generators should not be left running overnight if they can be heard outside the site.

If you are a householder doing some or all the work yourself, try to avoid causing any noise or dust in the evenings or on Sundays.

If noise problems occur, the Council and the neighbours may take legal action. If you think your work may cause a significant nuisance to the neighbours from noise or vibration, apply for "prior consent" from the Council who will allow a certain level of noise to occur.

Smoke:

• bonfires that release "dark smoke" are illegal and the council may prosecute any offenders.
• advice about bonfires is available from the Local Authority
• stop the bonfire at the end of the working day.

Obstruction and damage to pavements

• do not let vehicles or materials block or damage the pavements.
• do not leave obstacles, holes or trenches where they are a danger, especially to disabled people (eg the blind).
• the Council may charge you for any damage caused to pavements, kerbs or verges by lorries or heavy plant.

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Unsafe Building Works Contacts

Should you encounter problems relating to demolition or building works within the London Borough of Hackney please contct Building Control using the contact details on the right

Dangerous Building Activities:

Health & Safety Executive - compliance officer
Tel: 020 7556 2100
Email: point.publicenquiry@hse.gsi.gov.uk

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Page updated: 8 Jan 2010