OpenLegislation

Section 77 Dangerous building.C1C2

(1)

If it appears to a local authority that a building or structure, or part of a building or structure, is in such a condition, or is used to carry such loads, as to be dangerous, the authority may apply to F1the appropriate court or tribunal, and the court F2or tribunal may—

(a)

where danger arises from the condition of the building or structure, make an order requiring the owner thereof—

(i)

to execute such work as may be necessary to obviate the danger or,

(ii)

if he so elects, to demolish the building or structure, or any dangerous part of it, and remove any rubbish resulting from the demolition, or

(b)

where danger arises from overloading of the building or structure, make an order restricting its use until the appropriate court or tribunal, being satisfied that any necessary works have been executed, withdraws or modifies the restriction.

(2)

If the person on whom an order is made under subsection (1)(a) above fails to comply with the order within the time specified, the local authority may—

(a)

execute the order in such manner as they think fit, and

(b)

recover the expenses reasonably incurred by them in doing so from the person in default,

and, without prejudice to the right of the authority to exercise those powers, the person is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

F3(3)

This section has effect subject to F4section 79A and to the provisions F5the Planning (Listed Buildings and Conservation Areas) Act 1990 relating to listed buildings, buildings subject to building preservation notices and buildings in conservation areas.

Annotations

Textual amendments

F1

Words in s. 77(1) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(n); S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)

F2

Words in s. 77(1) inserted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 20; S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)

F3

S. 77(3) inserted by Housing and Planning Act 1986 (c. 63, SIF 15), s. 40, Sch. 9 para. 6(2)

F4

Words in s. 77(3) inserted (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 63 (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

F5

Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 67(3)

Modifications

C1

S. 77 applied (with modifications) (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2; s. 77 applied (with modifications) (10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2; and s. 77 excluded (20.9.2000) by London Local Authorities Act 2000 (c. vii), ss. 1(1), 45(4)

C2

S. 77: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2; and certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8(1)(3), Sch. 2