Dangerous Structures and Public Safety

Summary

The term dangerous structure not only covers buildings or parts of buildings, e.g. loose slates or tiles, but also garden walls, fences or hoarding. In fact, any structure, which could by its condition endanger persons or is unsecured from entry.

We respond to all reports of dangerous buildings, walls and structures within the Borough on a 24 hour 365 day a year basis. We try to inspect immediately any building or structure reported as being dangerous. These can be caused by general dilapidation, fire, vehicular accident, gas explosion etc.

If the building or structure poses a potential danger to the safety of people, we take the appropriate action to remove the danger. In addition, we provide advice on the structural condition of Buildings during fire fighting to the Fire Brigade, or to the Police in the case of vehicular damage.

Main activities:

• Responding to reports of dangerous buildings generally
• Providing an out of hours emergency call out service
• Arranging for making safe works
• Site supervision
• Securing buildings open to access

 

Eligibility

This service is available to anyone who believes a building/structure is potentially dangerous or is unsecured from entry.

 

Procedure

On receipt of a report, Building Control Surveyor will inspect the building, decide whether there is a danger, and if so, whether it is potentially or imminently dangerous.

Where structures are imminently dangerous, the local authority has the power to take emergency action to either remove the danger or barricade it off.

Every effort will be made to contact the owner before the action is taken. The local authority has the legal powers to require the owner of the dangerous building or structure to remedy the defects or may direct a contractor to make the building structurally safe. The cost of any such work is recoverable from the owner of the building.Where the danger is immediate and the life threatening, we may liaise with the emergency services to close off the danger area, and arrange emergency works, with the owner independently. This may include temporary works such as scaffolding or shoring to make the building safe, until permanent work can be arranged, or the removal of the hazard by more direct means.

If the structure requires attention to make it safe but is not immediately dangerous at the time of inspection, we can serve a notice on the owner to undertake repairs within a reasonable time. If the owner fails to comply with the notice, action must proceed through the Magistrates Courts. If the Magistrates agree with the Authority a court order is given and the owner will be required to undertake the work within a specific time period. Failure of the owner to undertake the work, the Council will proceed in default and recharge the owner with any reasonable costs.

 

Charges/Fees

The owner of any building that becomes dangerous is responsible for all the costs involved in making the building safe. If the Council is unable to contact the owner at the time, and the building needs to be made safe, the Council may carry out the emergency works, and claim the costs back from the owner.

 

Methods of Payment Available

The owner of any building that become dangerous is responsible for all costs involved in making the building safe. If the Council carries out emergency work, the owner will be invoiced for the costs involved, which details the emthods of payment available.

How to Pay - Information on the payment options available.

 

Helplines

To report a dangerous or dilapidated structures please contact us on:

Telephone: (01226) 787653

24 hour answer phone: (01226) 772699

Email: buildingcontrol@barnsley.gov.uk

 

Opening Times/Locations

During normal office hours we can be contacted by telephone:

Monday - Friday: 9.00 - 5.00

Alternatively, you can arrange to meet with one of our officers by appointment at the Barnsley Connects Service Centre, which is located in The Civic, Eldon Street, Barnsley, S70 2JL.

Out of normal office hours any dangerous or unsecured buildings are reported to Building Control by the emergency services.

 

Out of Hours Procedure

The Building Control Service operates a 24-hour / 365 days a year emergency service that will take appropriate action if a building or structure poses a potential danger to the safety of people in its immediate vicinity.

They are able to give advice on the course of action that may be necessary to safeguard the public and a structure.

Where our responsibilities overlap with other Emergency Services a close liaison is maintained to ensure safety at all times. If it is necessary to deal with any immediate danger we can arrange our own emergency contractor to carry out the work.

 

How the customer can help

If you consider a structure of any type or size may be dangerous please do not hesitate to ring the Building Control Service. If you are in doubt ring us as you may be save someone from injury.

 

Legislation

Building Act 1984

Section 76 - Defective Premises.
Section 77 - Defective Premises.
Section 78 - Dangerous Buildings - Emergency measures.
Section 79 - Ruinous and dilapidated buildings

Local Government (Miscellaneous Provisions ) Act 1982
Section 29 - Protection of Buildings

 

Websites:

The Building Act 1984 - View the Building Act 1984 online on the Office of Public Sector Information website.

Local Government (Miscellaneous Provisions) Act 1982 - View the Local Government (Miscelleneous Provisions) Act 1982 on the Office of Public Sector Information website.

 

Response Times/Next Steps

If you consider a structure of any type or size may be dangerous please do not hesitate to ring the Building Control Service. We will respond to all reports within 24 hours.

 

Additional Notes

Regrettably some structures become dangerous when buildings are being renovated or altered. This type of danger usually occurs when the building is of great age and does not respond well to insensitive alterations.

Our surveyors have found that the most common causes of collapse are:

• Removal of lateral restraint to walls
• Failure of over-stressed piers
• Inadequate support to chimney breasts
• Filling flues with concrete
• Using existing brick walls as permanent shuttering to new concrete work
• Sheeted scaffolds acting as sails in strong winds and pulling down the wall to scaffolding is attached
• Undermining of foundations, usually by underpinning which is badly designed sequenced
• Overloading of floors by builders materials
• Roof spreading or collapsing due to the new coverings being too heavy for the structure to sustain.

Demolitions

The Highway Engineers monitors demolition work to ensure Public Health and Safety is maintained. Before a building or part of a building is demolished, the owner or the demolition contractor must serve a notice on the Council, informing us of their intentions. Demolition may not commence until the Council has given permission or a period of six weeks has elapsed.

 

Frequently Asked Questions

Do Building Control Services deal with dangerous trees?

No. These are not classified as structures and Building Control Services cannot deal with these under Dangerous Structure Legislation. The Parks Department have powers to remove dangerous trees.

 

Who is responsible for undertaking work to remove a danger?

The owner of the property is responsible and Building Control Services will always attempt to get the owner to arrange for the works themselves, wherever possible. Where the owners cannot be contacted, or they are unable to arrange the works, the Building Control Service will arrange for any immediate danger to be removed by their emergency contractor. The costs incurred are recharged to the owner of the property. 

If your property is affected, you will firstly receive a letter containing outlining the natute and estimated cost of the works undertaken, which should always be forwarded to your insurance company.  Once a final cost of the works has been established you will receive an invoice, containing details of how to pay.

 

What powers do the Council have?

All Local Authorities have a duty of care to protect buildings or structures under Sections 77 and 78 of The Building Act 1984.

 

What will the Building Control Surveyor do?

On receipt of a report, a Surveyor will visit the site to inspect the structure, decide whether there is a danger, and if so, whether it is potentially or immediately dangerous. If the structure is considered potentially dangerous, the owner of the property will be located and requested to arrange for the structure to be removed or repaired within a reasonable time otherwise Court action will ensue. Barriers are sometimes required around the dangerous structure.

If the structure is considered immediately dangerous and likely to collapse, the Building Control Surveyor will arrange for a builder to remove or repair the structure as soon as possible; normally on the same day. The builder's costs are recoverable from the owner of the property. 

If your property is affected, you will firstly receive a letter containing outlining the natute and estimated cost of the works undertaken, which should always be forwarded to your insurance company.  Once a final cost of the works has been established you will receive an invoice, containing details of how to pay.

Last modified on 16/9/2008