Demolition Consent

Download a demolition consent form.

Guidance

The power to control demolitions is granted to the Local authority in Section 80-83 of the Building Act 1984

Any person intending to carry out demolition of a building must inform the Local Authority in writing:

by letter or by standard notice

And must include:

• Site details
• Intended demolition

They must copy Notice to:

• Neighbours
• Gas supplier
• Electricity supplier

Demolition may commence after the Local Authority has issued a counter notice or after 6 weeks has elapsed from the submission of the notification.

Any counter notice issued will contain certain requirements as to how the demolition is to be undertaken and may include:

• Request for a method statement
• Notifying the Local Authority Building Control upon commencement
• Details of site security/protection of the public and highway
• Details of adjacent/included risks i.e: 
  
  • Asbestos removal/disposal Overhead hazards 
  • Adjacent services 
  • Damping down/burning restrictions
  • Time restrictions on vehicles entering and leaving the site Notification to the HSE under the CDM regulations.
  The above list is not exhaustive but are the more common conditions set out in any counter notice.

Exemptions

Notification under Section 80 of the Building Act 1984 is not required for:

A demolition order made under part IX of the Housing Act 1985 (because the Local Authority will serve the counter notice regardless) 
The internal part of an occupied building intended to continue to be occupied
A building not more than 1750 cu.ft measured externally (50 cu.m) 
A green house ,conservatory , shed or prefabricated garage 
An agricultural building unless near or touching another non agricultural building
Note: Demolition does include a part of a building ( i.e.: an unsound wall to a dwelling being demolished would be controlled)

NOTE

Construction (Design and Management) Regulation 1994

These regulations made under the Health and Safety at Work Act 1974 came into force on 31st March 1995 and apply generally to construction work. Demolition is specifically included within the meaning of construction work and is applicable irrespective of the number of people employed on the site or the length of time the work will take.

These regulations will impose additional duties on the person responsible for the demolition and if not proficient in these matters you should seek expert advice.

OTHER RELEVANT LEGISLATION - INFORMATION

Construction (working place) Regulations 1966
Housing Act 1985

Part IX Slum clearance - Demolition or closing of unfit premises beyond repair of reasonable cost.

Health and Safety at Work Act 1974

Sections 1-8 General Duties of employers and persons in control of premises.
Section 53(1) General Interpretation of Part 1.

Town and Country Planning Act 1990

Section 55 Meaning of development and new development. Circular: Planning controls over demolition. Department of the Environment 16/92 Welsh Office 33/92

Management of Health & Safety at Work Regulations 1992

Planning (Listed Buildings and Conservation Areas) Act 1990 Sections 7, 8, 9, 74, 75.

British Standards

BS 6187: 1982 Code of Practice for Demolition
BS 5607: 1988 Safe use of Explosives in Construction

Ancient Monuments and Archaeological Area Act 1979

Highways Act 1980 Sections 168, 169, 172, 173, 174

Health and Safety at Work Booklet

6E Safety in Construction Work: Demolition

Building Act 1984 Sections 77, 79, 80, 81, 82, 83, 91,101,102