Volume 2
Annex D Demolition Notice
Chapter 4 looks at what the Act says in relation to Demolition Notices. The following tables summarise the requirements for these notices.
D.1. The demolition notice must include the following (legislative requirements are shown in grey):
Legislative reference | Legislative requirement | Further information |
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s33 (3) (a) | The reason for the requirement | - This will expand on the information in the HRA action plan. The plan will have identified the house as requiring demolition because it is in a state of serious disrepair.
- If the action plan requires the demolition of a house for a reason other than serious disrepair, the local authority should serve the appropriate notice. This might include dangerous/defective building notice, or closing or demolition order under the 1987 Act.
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s33 (3) (b) | The standard for the demolition, including any standard to which the site of the demolished house must be cleared | - The local authority will have considered this when drafting the HRA action plan.
- It is up to the local authority to determine what standards to set out. But this should include any standard to which the site of the demolished house should be cleared.
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s33 (3) (c) | The period to carry out the demolition (at least 21 days) | - This should be a period which the local authority thinks is reasonable.
- It must be at least 21 days from the date when the notice takes effect (see Annex E Service Of Documents)
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s34 | The local authority can extend this period by a reasonable amount at any time | It can only do this where: - there has been satisfactory progress towards carrying out the demolition; or
the owner has given the local authority a satisfactory written undertaking to complete the demolition by a later date. |
D.2. Additional information to consider giving to owners when local authority serves demolition notice:
What support is available | - It would be good practice to advise owners what support may be available to them.
- The authority may choose to provide assistance to recipients of demolition notices, although they are not eligible for the Scheme of Assistance.
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HRA action plan | - Local authorities can only serve demolition notices to implement an HRA action plan.
- It would be good practice to remind owners where they can view a copy of that HRA action plan.
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