Q&As

Section 77 of the Building Act 1984 makes it a summary offence for a person not to comply with a magistrates’ court order made in respect of a dangerous building/structure. Is there a similar offence for which a person can be prosecuted under the London Building Acts (Amendment) Act 1939 (LBA(A)A 1939) for not complying with a court order made under LBA(A)A 1939, s 64? Is there a time limit to making the application to court following service of a notice under LBA(A)A 1939, s 62 or is it a continuing offence?

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Produced in partnership with David Nicholls of Landmark Chambers
Published on LexisPSL on 20/07/2020

The following Planning Q&A produced in partnership with David Nicholls of Landmark Chambers provides comprehensive and up to date legal information covering:

  • Section 77 of the Building Act 1984 makes it a summary offence for a person not to comply with a magistrates’ court order made in respect of a dangerous building/structure. Is there a similar offence for which a person can be prosecuted under the London Building Acts (Amendment) Act 1939 (LBA(A)A 1939) for not complying with a court order made under LBA(A)A 1939, s 64? Is there a time limit to making the application to court following service of a notice under LBA(A)A 1939, s 62 or is it a continuing offence?

Section 77 of the Building Act 1984 makes it a summary offence for a person not to comply with a magistrates’ court order made in respect of a dangerous building/structure. Is there a similar offence for which a person can be prosecuted under the London Building Acts (Amendment) Act 1939 (LBA(A)A 1939) for not complying with a court order made under LBA(A)A 1939, s 64? Is there a time limit to making the application to court following service of a notice under LBA(A)A 1939, s 62 or is it a continuing offence?

A person who does not comply with a court order made under section 64 of the London Building Acts (Amendment) Act 1939 (LBA(A)A 1939) can be prosecuted for an offence under LBA(A)A 1939, s 148 and be liable to a fine on summary conviction.

The Building Act 1984 (BA 1984) is one of the principal pieces of legislation governing

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