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Demolitions

The Council has powers to enable it to control aspects of the demolition of all buildings or structures within the district except those that are exempt from such control.

Under current legislation (The Building Act 1984: Section 80) the Local Authority must be notified at least six weeks before demolition is due to start. This allows the Council time to serve a Counter Notice specifying its requirements, if one should be necessary.

Failure to notify the Council or to comply with the requirements in a Counter Notice can result in prosecution.Buildings exempt from demolition control are:

buildings having an external size of less than 50m3 (1750 cubic feet). This volume is less than the average double garage
extensions on a larger building that consist of an attached conservatory, shed or garage
buildings used solely as agricultural buildings
work in occupied buildings where it is intended that it should continue to be occupied

If you are unsure whether or not you should submit a Demolition Notice, we would be pleased to discuss the intended work with you. Our contact details can be found on our Contacts page.

Notification by the person who intends to carry out a demolition

Anyone who intends to demolish a building that is not exempt should give notice to the Building Control Section before any demolition work starts. The notice must be in writing and must specify the building to be demolished. A site plan should accompany the demolition notification, clearly indicating the area to be demolished.

A suitable form to give notice to the Council can be viewed and downloaded from the 'Downloads' section of this page.

A copy of the notice should also be sent to or given to the following:

The occupiers of any building adjacent to the building to be demolished.
Isolations Department, Southern Gas Networks, 2 Leesons Hill, Orpington, Kent, BR5 2TN
Engineering Bureau, Scottish & Southern Electricity, Lower Drayton Lane, Cosham, Portsmouth, PO6 2HF

Notification by the Council (Section 81 Notice)

When the Council receives notification of intention to demolish a building, it can respond by serving a counter notice (Section 81 notice), setting out conditions that must be complied with during the course of demolition.

If a Notice is served on a proposed demolition, it may include elements such as:

requirements for ensuring the health and safety of the public and workers on site;
measures for the protection of neighbouring properties;
provisions to limit the amount of dust, noise etc created on site;
restrictions on working hours;
limitations regarding the burning of waste on site;
conditions for the removal of waste;
requirements to notify interested parties and service providers.

Commencement of demolition work

Demolition work should only commence after either:

The Council have served a counter notice on the person intending to carry out the demolition work, under section 81 of the Building Act 1984; OR
A period of six weeks has expired since written notification of the intended demolition was given to the Council; OR
The Council has confirmed in writing that a Counter Notice will not be served.

Listed buildings and buildings in Conservation Areas

Any alteration of a listed building involving partial demolition requires formal Listed Building Consent. Unauthorised alteration is illegal and can result in prosecution.

The substantial or complete demolition of an unlisted building in a Conservation Area may require Conservation Area Consent.

Our Planning Service can advise you on whether your proposals need formal permission.

Health and safety

The Construction (Design and Management) Regulations apply to most demolition work. For advice on this legislation you should contact the Health & Safety Executive.

Asbestos materials

If materials containing asbestos are found during demolition works, the Health and Safety Executive should be notified immediately and their requirements for safe removal and disposal followed by the demolition contractor.

Unless the skip operator or other contractor is already licensed to transport asbestos based products a licence will be required from the Environment Agency to move any asbestos based material off site.