Do I need permission to carry out demolition?
The Building Act 1984 contains provisions that enable local authorities to control demolition works for the protection of public safety and to ensure adjoining premises and the site are made good on completion of the demolition. A notice of conditions is issued that require certain works to be undertaken to achieve these aims.
Notices to the utility services, adjoining owners and Building Control
Section 80 of the Act places an obligation on anyone intending to demolish a building (subject to certain exceptions) to give notice of this to the local authority and send copies of the notice to the utility services (Gas, Water and Electricity) and also to adjoining owners and/or occupiers.
A counter notice of demolition will then be issued by the Local Authority under Section 81 of the Act (once any statutory consultations have been carried out) which will notify the applicant of any required conditions.
Exemptions that do not require permission under the Building Act are:
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Demolitions of an internal part of a building where it is occupied and it is intended that it should continue to be occupied.
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Demolitions of buildings with a cubic content measured externally of 1750 cubic feet or less.
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Demolition of an agricultural building, unless it forms part of a building with other uses.
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Demolitions made under the
Housing Act.
However see Planning permission below.
Consent to Demolish
The council has the statutory period of six weeks to issue the demolition notice but will aim to do this within four weeks or earlier (subject to Planning Consent). Copies of the notice will also be sent to the utility services (Gas, Water and Electricity) and to adjoining owners/occupiers as required by the Act.
When notified of commencement, the surveyor will carry out inspections during the course of demolition and on completion to ensure the conditions of demolition are met.
Please note that work cannot start until a demolition notice has been issued by the local authority, or a period of six weeks has expired from the date of application.
A Demolition Notice for your use is available from our application forms page, which also contains relevant contact information for some of the utilities etc.
Attention is drawn to the Construction Design and Management Regulations 2007 that apply to all demolition works. Further information is also available at the Health and Safety Executive website.
Planning permission for demolition
Following a court of appeal judgement on 25 March 2011, demolition of most types of building is now classed as 'development'. Developers will need to make a determination application to the Local Planning Authority to check whether the Council requires prior approval of the method of demolition and any restoration of the site. For more information, and links to application forms, go to our page Planning - Demolition Control.
Separate applications are required for demolition or partial demolition of listed buildings and buildings within conservation areas. Contact Planning for further information.
