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Dangerous Structures

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Introduction

Hastings Borough Council has powers that enable it to deal with Dangerous Structures.
These powers are contained in the Building Act 1984 and are covered under Sections 77 and 78.

Dangerous Structures Overview

The Council will take action where deemed appropriate to ensure public safety.

It is not the remit of the Council to get embroiled in Boundary/ Leaseholders disputes or the like and its powers are permissive rather than obligatory.

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Building Act 1984 Section 78

If it appears to a local authority that:-

1. A building or structure, or part of a structure, is in such a state, or is used to carry such large loads, as to be dangerous and
2. Immediate action should be taken to remove the danger, they may take such steps as may be necessary for that purpose

The Council must if reasonably practicable give owner notice of its intention of action.

Action is open to challenge if it is considered that the route of  Building Act section 77 should have been followed.

All costs incurred are recoverable from the property owner and may be registered as a charge on the local property register.

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Examples of Section 78 Action

Kendal House Chapel Park Road.

Fencing erected to area of danger and building part evacuated with assistance of Environmental Health colleagues prior to collapse.

Boundary wall fronting two properties leaning excessively towards highway. Highway cordoned off until owners able to demolish wall and make safe.

Property insecure and dangerous plate glass window adjacent to highway. Direct action involved plywood sheeting and correspondence with owners to get windows re-glazed.

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Building Act 1984 section 77

If it appears to a local authority that a building or structure, or part of a structure, is in such a condition as to be dangerous, the authority may apply to a magistrate’s court and the court may if proven, order works necessary to obviate danger or if owner so elects he may demolish building or structure or any dangerous part of it.

Building Act 1984 Section 77 Procedure

Building Act 1984 Section 77 Procedure Diagram

Text version of the Building Act 1984 Section 77 Procedure

• Report of Dangerous Structure
• Survey undertaken and report prepared
• If not dangerous then no further action taken
• Or Consider Highways Act, 1980 and Planning (Listed Building and Conservation) Act 1990
• If survey reveals potential danger
• Locate owner from, Electoral register, Land registration or local knowledge
• Serve informal notice on owner
• Copy notice for Land Charges Register and other persons with an interest in the building
• If danger removed then no further action taken
• If no action by owner
• Obtain information on ownership. Section 16 Local Government (Miscellaneous Provisions) Act 1976
• If delegated powers not available report to council for authority to proceed
• Apply to magistrates court for order
• Order Granted time stipulated apply for costs
• If order carried out, no further action taken
• If order not carried out, owner liable to a fine upon conviction
• Local Authority execute order, recover reasonable expenses. Record on Land Charges register
• Building made safe

The magistrate will assign the owner on which the complaint has been made against, time considered reasonable, to carry out the works.

If the works are not carried out the local authority may execute the order in such a manor as they think fit. They may recover expenses incurred from the person in default.

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Example of Works in Default of Section 77 Action

Railings renewed and support scaffold removed.

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Reporting a Dangerous Structure

In an emergency situation the first point of contact should always be the Emergency Services 999 telephone number.

Please contact us to report a non emergency dangerous structure.

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This page last updated: 03/08/2007