Dangerous structures | Barnsley Council Online

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Article: Dangerous structures

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The term dangerous structure not only covers buildings or parts of buildings, for example 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 and so on.

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

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

On receipt of a report, a 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 council 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 council has 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 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' court. If the magistrates agree with the council, a court order is given and the owner will be required to undertake the work within a specific time period. If the owner fails to undertake the work, the council will proceed and recharge the owner with any reasonable costs.

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, the council may carry out the emergency works and claim the costs back from the owner.

How to Pay - Information on the payment options available.

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

Telephone: (01226) 772664 (Monday to Friday, 9am to 5pm)

Out of Hours 24 hour answer phone: (01226) 772699 or if considered to be an immediate danger contact Central Call on (01226) 775671.

Email: buildingcontrol@barnsley.gov.uk

Alternatively, you can arrange to meet with one of our officers by appointment at the Barnsley Connects office, 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 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.

If you consider a structure of any type or size may be dangerous please do not hesitate to ring Building Control. 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.

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
  • Undermining of foundations, usually caused by incorrectly sequenced or badly designed underpinning.
  • Overloading of floors by builders materials
  • Roof spreading or collapsing due to the new coverings being too heavy for the structure to sustain.

Demolitions

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 start until the council has given permission or a period of six weeks has elapsed.

Frequently Asked Questions

Does Building Control deal with dangerous trees?

No. These are not classified as structures. The Parks department has 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 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, Building Control 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 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 does the council have?

All councils 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. Failure to do so will see court action being taken. Barriers are sometimes required around the dangerous structure.

If the structure is considered immediately dangerous and likely to collapse, the 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 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.

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Page last updated

This page was last updated on May 21, 2012

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