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Demolition Notices

The Process

Frequently asked questions

Then What Happens

Commencement of Demolition work
What conditions do I have to comply with?

Listed Buildings and Buildings in Conservation Areas
Demolition Checklist
Asbestos Material
Customer Guides

Demolition Notice on-line form

Then what happens?

Commencement of Demolition Work

Picture of a Demolition of building1

Section 80 of the Building Act 1984 requires you to give notice of any intended demolition work. Failure to give this notice is prosecutable on summary conviction with a fine of up to £2,500.

When the Council receives notification of intention to demolish a building, it can respond by serving a Counter Notice ( Section 81 notice ). This sets out the conditions that must be complied with during the course of the demolition process.

A Counter Notice outlining the Council's requirements will be issued as soon as possible. You should not commence demolition until you receive a Counter Notice in return from us or a period of six weeks has expired.

The Counter Notice will be sent to you with copies sent to adjoining occupiers and other interested external agencies for their information i.e the Fire Service, Environment Agency, Health and Safety Executive, Ordnance Survey and the Gas, Electricity and Water suppliers. The Notice will contain conditions that will secure the health and safety of the public.

How do I make an application ?

In order to make an application you will need to complete our Demolition Notice application form. This is either available below to download, complete and return to us. Alternatively an on-line version is available on our On-Line Forms web page. In addition to completion of the application form, you will also need to supply copies of the Method Statement for the proposed demolition works and the Asbestos Type 3 Survey report.

What conditions do I have to comply with?

The Notice may require you to carry out works to services and adjoining buildings. This is to ensure that gas, electricity and water supplies are made safe, redundant drains are sealed, affected buildings are properly supported and weatherproofed, and on completion, debris is removed and the site made safe.

Once we have received your notification, we will send you a Counter Notice setting out requirements on how the demolition is to be undertaken. This could include :

To shore up any building adjacent to the building to which this notice relates.
To weatherproof any surfaces of an adjacent building which are exposed by the demolition.
To repair and make good any damage to an adjacent building caused by the demolition or by the negligent act of any person engaged in it.
To remove material or rubbish resulting from the clearance and demolition of the site.
To disconnect and seal, at such points as the Coucil may reasonably require, any drain or sewer in or under the building.
To remove any such drain or sewer, and seal any sewer or drain with which the sewer or drain is connected.
To make good to the satisfaction of the Council, the surface of the ground disturbed by anything caused by the sealing or removal of drainage.
To make arrangements with relevent statutory undertakers for the disconnection of the supply of gas, electricity and water to the building.
To make arrangements with regard to the burning of structures or materials on site as may be reasonably required. It is an offence to cause dark smoke to be emitted from the site and smoke of any nature should not be allowed to cause a nuisance or health hazard. The safest way to proceed without any problems, is to avoid burning any material on site altogether and instead consider recycling wherever possible, or remove the material to a landfill site.
If the building forms part of special premises, by the Health and Safety Executive and the Fire Authority; and in any other case, by the Fire Authority.
To ensure that the recommmendations of BS:6187 are carried out where these are relevant to the type of demolition work proposed.
To ensure that all practical steps are taken to minimise dust deposition and nuisance to neighbours.
Demolition works are only undertaken during specified hours.
To adequately fence and guard the site to prevent unauthorised access.
To ensure that the site is left in such a condition that it is not to be detrimental to the public.

Listed Buildings and Buildings in Conservation Areas

Any alteration of a listed building involving partial or complete demolition requires formal Listed Building Consent. Please note unauthorised alteration is illegal and can result in prosecution.

Also, the substantial or complete demolition of an unlisted building in a Conservation Area requires Conservation Area Consent. Our Planning Policy team can advise you on whether your proposals require formal permission. They can be contacted on : 01628 796057.

What do I have to do during the demolition stage?

Firstly..........
DO NOT forget the Party Wall etc. Act as this may also apply and you need to give separate notification under the Act to adjoining owners. Details of the Act can be accessed by viewing our Party Wall Act guidance.

Secondly......

Demolition Checklist

Have you checked to ensure the proposed demolition is exempt from Planning and Listed Building Consent ?
Is the proposed building to be demolished, exempt from a Section 80 Notice ?
Have you included a site plan with the notice which clearly indicates the building(s) to be demolished ?
Have you included copies of the Method Statement for the demolition work and Asbestos Survey to identify any asbestos based materials and their safe method of disposal prior to works commencing ?
Have you given a comencement date for the demolition works ?
Have you sent a copy of your notice to relevant statutory bodies and adjacent building owners ?
Have you given the local authority six weeks notice prior to the expected demolition starting date ?
Have you received a Counter Notice regarding making good of adjoining buildings and services etc ?

Asbestos Materials

If prior or during demolition works, asbestos material is found, the Health and Safety Executive should be notified immediately as required by the Control of Asbestos Regulations 2006. Their requirements for safe removal and disposal should be followed by the demolition contractor.

The Health and Safety Executive have issued guidance on the demolition of asbestos cement clad buildings. This is reproduced below to view and download.

Unless the skip operator or contractor is already licensed to transport asbestos based products, a licence will be required from the Environment Agency. This will be required to move any asbestos based material off site.

Health and Safety Guidance for property owners on the demolition process may be sought from http://www.demolition-nfdc.com/.

The Construction Design and Management Regulations apply to most demolition work. For advice on this legislation, please contact the Health and Safety Executive.

The local address of the Health and Safety Executive is :
Priestly House, Priestly Road, Basingstoke RG 24 9NW Tel : 01256 404000

A wealth of useful information is available at: www.hse.gov.uk/construction/index.htm

The Health and Safety Executive's Guide to Planning Health and Safety in Demolition Work has also been included to assist this process. The Guide can be viewed and downloaded below.

Further Reference

For a more comprehensive look at the demolition process, you might like to refer to the following :-

Building Act 1984
Highways Act 1980
BS:6187 Code of Practice for Demolition
Control of Asbestos Regulations 2006
Health and Safety at Work Booklet - 6E Safety in Construction Work Demolition
Planning ( Listed Buildings and Conservation ) Act 1990
Construction ( Working Places ) Regulations 1966
Construction ( Design and Management ) Regulations 1994

This is not an exhaustive list on all legislation affecting demolition and is offered as a guide only.

Contacts

For further advice on the demolition process, please contact our Building Control Consultancy Team on 01628 796870 or email us at building.control@rbwm.gov.uk

Health and Safety Guidance

The download below gives guidance from the Health and Safety Executive on issues involving demolition work.

Health and Safety Executive's Guides (pdf) 33kb

Customer Guide

Our customer guide will help to explain how we will deal with sites involving demolition work.

Dangerous Structures and Demolition Customer Guide (pdf) 169kb

Once you have undertaken this demolition work, you will need to submit a Building Regulation application for the scheme you are proposing to build. Please refer to our section; When do I need Building Regulation Approval? or alternatively guidance on Making a Building Regulation Application. You are welcome to contact us to discuss your scheme in more detail. Please refer to our contact section.

Full Plans Application Form (pdf) 224 (kb)

Demolition Application Form

We have created a separate application form to help identify what details you need to supply when making an application.

Demolition Notification Form (pdf) 165 KB