Demolition Notice under Sections 80 to 83 of the Building Act 1984

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Demolition Notice under Sections 80 to 83 of the Building Act 1984

Notifying the Council of demolition under Sections 80 to 83 of the Building Act 1984


When to notify the council under Section 80 

If you are planning to carry out demolition work greater than 50m3 in volume (some exemptions apply) you will need to notify the council before you start under Section 80 of the Building Act 1984 (the Act).This volume is approximately the size of a two storey residential rear extension. An application form is provided in the Form section below which should be filled out and submitted to the council at least six weeks before the work is due to start. Demolition works should not commence until either the six weeks have elapsed or a Notice is served by the council under Section 81 of the Act.


What is the relevant legislation?

The controls for demolition work are given under Section 80 – 83 of the Act which may be found here: Building Act 1984 (link opens in new window). Your notification should include all of the information stipulated in Section 80.  Specifically, the following details under point 3 of the act are required: 

(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:

(i) the occupier of any building adjacent to the building,

(ii) any public gas supplier in whose authorised area the building is situated

(iii) the public electricity supplier in whose authorised area the building is situated and any other person authorised by a licence under that part to supply electricity to the building


Demolition notice form

You can download the demolition notice form here:  Section 80 Demolition Notice (pdf).

The form should be filled in and the requested attachments provided before being either e-mailed to environmental.quality@lbhf.gov.uk or sent (along with the appropriate fee if paying by cheque) to the following address:

Environmental Quality
Public Protection & Safety Division
6th floor Hammersmith Town Hall Extension
King Street
London
W6 9JU


Fees

The London Borough of Hammersmith and Fulham is entitled to charge for the reasonable expenses of reviewing a Section 80 notice and preparing a notice under Section 81 of the Building Act 1984 and supervision of work on any site.  Charges will be made by the person on who has issued the Section 80 notice with a minimum charge of £150 payable with submission of this notice.  Payment methods accepted included cheque or Credit/Debit card.

To pay by credit/debit card please telephone 0208 753 2568.

Please make cheques payable to the ‘’London Borough of Hammersmith and Fulham."

We cannot accept cash payments.


Fines

Where demolition has commenced without pre-notification to the local authority, an offence will have been committed and this could result in a conviction in the Magistrates Court with applicable fines. However, this does not prevent the authority serving its Demolition Notice and instigating proceedings for a fine.


Notice from the council

Following receipt of a Section 80 notice, the council will issue a counter notice under Section 81 of the Building Control Act 1984 which will detail various conditions which are intended to ensure that the work is carried out safely. Demolition should not commence unless:  
(i) the council has given a notice under Section 81; or,
(ii) six weeks has elapsed since the Section 80 notice was made to the council


Other permissions

It should be noted that you may also need permission under the Town and Country Planning Acts for your scheme. You should be aware that if the building is listed, or in a conservation area, special consent may be needed for any demolition work proposed, even where notice is not needed under Section 80 of the Building Act 1984. 

For more information, contact the Planning Applications Team, Planning Division, Environment Services Department, Town Hall Extension, King Street, Hammersmith, W6 9JU; or email your enquiry to: planning@lbhf.gov.uk.

Notification is required under the Building Act regardless of whether planning permission has been granted.

Page last updated: 12/08/2013