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Section 80 Notice to local authority of intended demolition.C1C2C3

(1)

This section applies to any demolition of the whole or part of a building except—

(a)

a demolition in pursuance of a demolition order F1or obstructive building ordermade under F2Part IX of the Housing Act 1985, and

(b)

a demolition—

(i)

of an internal part of a building, where the building is occupied and it is intended that it should continue to be occupied,

(ii)

of a building that has a cubic content (as ascertained by external measurement) of not more than 1750 cubic feet, or, where a greenhouse, conservatory, shed or prefabricated garage forms part of a larger building, of that greenhouse, conservatory, shed or prefabricated garage, or

(iii)

without prejudice to sub-paragraph (ii) above, of an agricultural building (F3within the meaning of any of paragraphs 3 to 7 of Schedule 5 to the Local Government Finance Act 1988), unless it is contiguous to another building that is not itself an agricultural building or a building of a kind mentioned in that sub-paragraph.

(2)

No person shall begin a demolition to which this section applies unless—

(a)

he has given the local authority notice of his intention to do so, and

C4C5C6(b)

either—

(i)

the local authority have given a notice to him under section 81 below, or

(ii)

the relevant period (as defined in that section) has expired.

(3)

A notice under subsection (2) above shall specify the building to which it relates and the works of demolition intended to be carried out, and it is the duty of a person giving such a notice to a local authority to send or give a copy of it to—

(a)

the occupier of any building adjacent to the building,

C7(F4b)

any public gas supplier (as defined in Part I of the Gas Act 1986) in whose authorised area (as so defined) the building is situated,

F5(c)

the public electricity supplier (as defined in Part I of the Electricity Act 1989) in whose authorised area (as so defined) the building is situated and any other person authorised by a licence under that Part to supply electricity to the building;

(4)

A person who contravenes subsection (2) above is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Annotations

Textual amendments

F1

Words inserted (retrosp. 1.4.1986) by Housing and Planning Act 1986 (c. 63, SIF 15), s. 24(1), Sch. 5 para. 11(1)(2)

F2

Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 4, 5(2), Sch. 2 para. 58(3), Sch. 4

F3

Words substituted by S.I. 1990/1285, art. 2, Sch. para. 7

F4

S. 80(3)(b) substituted by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 30, Sch. 8 para. 33

F5

S. 80(3)(c) substituted by Electricity Act 1989 (c.29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 31, Sch. 17 para. 33

Modifications

C1

S. 80 excluded (7.12.2022) by The A417 Missing Link Development Consent Order 2022 (S.I. 2022/1248), arts. 1, 3 (with art. 4)

C2

S. 80 excluded (28.3.2024) by The A66 Northern Trans-Pennine Development Consent Order 2024 (S.I. 2024/360), arts. 1, 3(1) (with arts. 18, 35, Sch. 9)

C3

S. 80 excluded (25.6.2025) by The M5 Junction 10 Development Consent Order 2025 (S.I. 2025/795), arts. 1, 3(b) (with arts. 4, 43, Sch. 9)

C4

S. 80(2)(b) excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 22 para. 6

C5

S. 80(2)(b) excluded (3.11.2022) by The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 (S.I. 2022/1067), arts. 1, 5(3)

C6

S. 80(2)(b) excluded (18.12.2024) by The Network Rail (Leeds to Micklefield Enhancements) Order 2024 (S.I. 2024/1284), arts. 1, 5 (with Sch. 15)

C7

S. 80(3)(b) amended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(2)(i); S.I. 1996/218, art. 2