Q&As

How can a local authority serve a notice under sections 76–78 of the Building Act 1984 where the company which owned the freehold has been dissolved? How does this differ if the Crown has later disclaimed the land?

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Published on LexisPSL on 13/05/2020

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • How can a local authority serve a notice under sections 76–78 of the Building Act 1984 where the company which owned the freehold has been dissolved? How does this differ if the Crown has later disclaimed the land?

How can a local authority serve a notice under sections 76–78 of the Building Act 1984 where the company which owned the freehold has been dissolved? How does this differ if the Crown has later disclaimed the land?

Sections 76–78 of the Building Act 1984 (BA 1984) contain provisions allowing local authorities to require certain classes of people to take action to remedy defective or dangerous buildings, or in default to take action themselves.

Unless immediate action is required and it is not reasonably practicable to do so, notice is to be given in advance. Under BA 1984, s 76 (in the case of defective premises), notice is to be served on the person on whom it would have been appropriate to serve an abatement notice, which is (pursuant to section 80 of the Environmental Protection Act 1990):

‘(a) except in a case falling within paragraph (b) or (c) below, the person responsible for the nuisance;

(b) where the nuisance arises from any defect of a structural character, the owner of the premises;

(c) where the person responsible for the nuisance cannot be found or the nuisance has not yet occurred, the owner or occupier of the premises.’

Under BA 1984, s 78 (in the case of dangerous buildings), notice is to be given to the owner and occupier of the building, or of the premises on which the structure

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