When to notify the council under Section 80

If you are planning to carry out demolition work in excess of 50m3 in volume (some exemptions apply) you will need to notify 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, Section 81, Section82 and Section 83 of the Building Act 1984.  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

Notice from the council

Following receipt of a Section 80 notice, the council will issue a counter notice under Section 81 of the Act which details 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 Act.

Hoarding permits

If you wish to erect hoarding on any part of the highway (public road) you must apply for a hoarding permit with your local council.

Scaffolding permits

If you wish to erect scaffolding on any part of the highway (public road) you must apply for a scaffolding permit.  This may be required if part of the building to be dismantled is very close to a public area.  The scaffold will act as a screen/safety net against dust and debris falling outside of the property boundaries.

Access (Ingress and Egress)

When you apply for a crossover, technical officers from the council's Highways and Engineering Division will inspect the site and make the necessary measurements.  The council has a responsibility under the 1980 Highways Act to maintain the safe and free flow of traffic on the highway and in certain circumstances a crossover may not be permitted.

An enquiry is sent to all the utility companies (gas, telephone, water, electricity, etc.) that are responsible for the pipes and cables in the footway where the crossover is to be built to determine whether any alterations will be necessary.  It can take utility companies an average of six weeks to reply with an estimate of the cost of any alterations.

If access is not readily available between the site and the road then alternative approach may need to be considered.  There are a variety of equipment and methods available and just because the preferred option is not viable doesn’t mean the objective can’t be achieved.  For reasons of health and safety, speed or cost effectiveness, contractors will defer to using a piece of plant or machinery over a manual method.  If a large piece of equipment can’t be used it doesn’t mean the same results can’t be achieved with a combination of smaller plant and a more manual approach.