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Building Control - Demolition Notice

 

Notes

This form should be used to help identify what details you need to supply when making an application.
1. You are the person the work is being carried out for, for example, the building's owner. If the owner is a company, please give address of the head office.

2. No Notice need be given under Section 80 of the Building Act for the following works:
(a) a demolition in pursuance of a demolition order made under the Housing Act 1957, 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 (50m3), 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 (as defined in section 26 of the General Rate Act 1967), 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.

3. Section 80(4) of the Building Act 1984 refers to the powers of the local authority in respect of failure to provide the required notice. On summary prosecution a fine of up to £2,500 may be applicable.

4. Notification should be given to the Health and Safety Executive if the building is thought to contain asbestos.

5. One copy of this notice should be completed and submitted together with a block plan of the building(s) to be demolished.

6. No demolition work must commence before this notice is given to the local authority and either (i) the local authority has given notice under section 81 of the act or (ii) six weeks has lapsed from the serving of this notice.

7. All demolition work is subject to the Construction (Design & Management) Regulations 1994. It is the responsibility of the client and contractor to ensure that all requirements of these regulations are met and the Health and Safety Executive notified where appropriate.

8. These notes are for general guidance only, particulars regarding the submission of Demolition Notices are contained in Section 80 of the Building Act 1984.

9. Persons proposing to carry out building work or make a material change of use of a building are reminded that permission may be required under the Town and Country Planning Acts.

10. If the building is a 'listed building' or in a 'conversation area' planning permission will be required and work must not commence until this has been obtained. Please contact the Planning Department on 01628 683810.

11. Further information and advice concerning the Building Regulations and Planning matters may be obtained from your local authority.

12. You should be aware that we may be compelled to release such information under the Freedom of Information Act. We will always consult you first, before we do so.

13. The Royal Borough of Windsor and Maidenhead (RBWM) is a Data Controller under the Data Protection Act 1998 ('the Act'). This statement confirms RBWM's commitment to protect your privacy and to process your personal information in a manner which meets the requirements of the Act.

14. Charges - a fee of £180 is payable on submission of the application.

15. Important Note - Before undertaking demolition works, appropriate action must be taken to check the building or structure for evidence of bats as a European protected species. Reasonable effort must also be taken to ensure no bird nests are present as these are protected under the Wildlife and Countryside Act 1981. Relevant Guidance: English Nature (2003) IN152 - Bats in Buildings (available at www.naturalengland.gov.uk RSPB (2007) Wild Birds and the Law available at http://www.rspb.org.uk

Additional information is available on the Royal Borough of Windsor and Maidenhead's website for Building Control on the following link. http://www.rbwm.gov.uk/web/bc_consultancy.htm

 

If you need help or advice please contact :

Building Control Consultancy helpline:
Tel: 01628 796870 or fax: 01628 796886

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Modified: 2008-01-22
Published: Thu, 19 Jul 2012 17:10:58
Author: Simon Arthur
Editor: Admin
LGSL PID:
RDCMS ID: 8703