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?

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 building works and construction. BA 1984, Pt III deals with matters such as drainage, the provision of sanitary conveniences, defective buildings, demolition and related issues. Although BA 1984 generally applies to the whole of England and Wales, a number of sections in BA 1984, Pt III do not apply to Inner London. This is because the legislation for Inner London is contained in LBA(A)A 1939.

BA 1984, s 77 is concerned with dangerous buildings outside Inner London. The section empowers a local au

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