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.
Where demolition of a building takes place, the owner must inform the council. Building Control Services control demolition work under Section 80 of the Building Act 1984, and will visit the site to ensure that precautions are in place to safeguard the public.
Greenhouses, conservatories, prefabricated garages and sheds do not require permission to be demolished. Usually, if the building to be demolished has a volume of less than 1750 cubic feet (49.56 cubic metres), then permission is not required to knock it down.
Planning issues
Planning permission will be required before any demolition work takes place.
It may also be necessary to consult the Planning Officer who will advise whether the building(s) has or have any historical or architectural significance or whether the premises are situated in a conservation area. The purpose is to advise at an early stage whether specific and formal planning consent may be necessary for the demolition works. It is anticipated that this consultation period will take two weeks from the date the notice is given.
You can get further advice on from our Development Enquiry Centre on Leeds (0113) 222 4409.
The procedure
Applications for demolition should be made to Building Control Services 6 weeks prior to the intended demolition. Section 80 Notice to Demolish forms canbe downloaded from this page (see top right).
The notice given to Building Control Services must be by the person undertaking the work and should include
- the address of the building to be demolished
- owners name and address
- the extent of the demolition work
- name of the person carrying out the demolition
- the date the work will commence
- a Block Plan indicating the building or part to be demolished
Please note
From 1st October 2010 a charge of £160 will be payable when making an application. This will cover both the administrative and professional costs in registering, notifying interested parties and assessing the accompanying health and safety documentation as well as any necessary site inspections to ensure the work is completed satisfactorily.
The Section 80 Notice has been revised accordingly and is available to download above.
It should also include a statement confirming that a copy of the notice has been sent to:
- the owners/occupiers of adjacent buildings
- Transco and Yorkshire Electricity distribution Ltd (YEDL)
On receipt of the notice a surveyor from the council will carry out a site survey to determine what conditions will be necessary to control the process of demolition, the remedial works needed on adjoining buildings, the effect on services and the treatment of the site on completion. All of these plus any other relevant conditions will be included in a "Counter Notice" (Section 81 Notice) which is then served on the person carrying out the demolition.
For further information please contact us on 01132 478106
or email to building.control@leeds.gov.uk
Attention is also drawn to the Construction Design and Management Regulations 1994 that apply to all demolition works (Health and Safety Executive).