Local authority powers

[RogerS]

Say your access to your property was down a private road and over which you had an unfettered Right fo Way.

Now say that a building by the side of the road was in a dangerous condition.

Can the Local Authority close that road on safety grounds even though it is a private road ?

Anyone know the answer, please ?

 

[Cabinetman]

Do you own the unfettered access road Roger?
Do you know the people who own the dangerous building ? I would have a friendly talk with them if possible first to see the lay of the land.
Personally I would use my own judgment as to whether it was safe to pass, and you don’t know who moved the bollards, do you Roger!

 

[RogerS]

Do you own the unfettered access road Roger?

No...that's why I have a Right of Way !!

Do you know the people who own the dangerous building ? I

Yes...very reasonable people but skint

Personally I would use my own judgment as to whether it was safe to pass, and you don’t know who moved the bollards, do you Roger!

Speaking to an open door there, Ian.

 

[Cabinetman]

Well my questions would be what’s wrong with the building, do they live in that bit btw? Is it a demolition job? I imagine the Council will have given them a notice of some sort to remedy this, as I said best have a talk about it with them.

 

[PAC1]

Is it a public right of way or a private right of way between your property and the land owner over which you pass?

 

[Blackswanwood]

Unless it has changed in the last few years yes they can.

The Building Act gives Local Authorities quite wide ranging powers to deal with dangerous buildings. It’s handled by Building Control Departments.

It happens sometimes after an accident or fire which damages a building and access roads to neighbouring properties are closed. I have come across it when settling or authorising payment of insurance claims.

Edit: I don’t know the threshold for them actually stepping in. The instances I saw were “no brainers” such as serious fire or impact damage. I seem to recall it’s referred to as a Section 74 notice.

 

[RogerS]

Is it a public right of way or a private right of way between your property and the land owner over which you pass?

The latter

 

[Steve Maskery]

Have you got any pictures, Roger?
(I don't mean of you working...)
S

 

[PAC1]

In which case I would ask them under what power they are acting.

 

[Alasdair]

Unless it has changed in the last few years yes they can.

The Building Act gives Local Authorities quite wide ranging powers to deal with dangerous buildings. It’s handled by Building Control Departments.

It happens sometimes after an accident or fire which damages a building and access roads to neighbouring properties are closed. I have come across it when settling or authorising payment of insurance claims.

Edit: I don’t know the threshold for them actually stepping in. The instances I saw were “no brainers” such as serious fire or impact damage. I seem to recall it’s referred to as a Section 74 notice

As said previously local authorities have quite a wide range of powers when it comes to dangerous buildings, the Act in Scotland is different from England and Wales mostly in name only but ultimately, they work to public safety. normally they will try to engage with building owners (if they can find them) and try to give as much leeway as possible for owners to carryout necessary work (this is because if they step in it can take years to recoup their outlay on any work carried out). Where they do step in they will carry out the least amount possible (again to mitigate cost and because that is what the law instructs). I know in Scotland there is a fee for intervention by local authorities of (I think 20%). Ultimately the goal is to protect public safety if there is an area around the building the public can access (via right of way, right of access etc) they can and should act. As a company we work with around 5 local authorities making buildings safe as well as carrying out emergency demolition works, emergency shoring and stabilising etc.