Defective and dangerous building notices

The 2003 Act defines 'building' as 'any structure or erection, whether temporary or permanent' (excluding roads, sewers, runways, reservoirs, railway lines and wires and cables). [1]

If a local authority considers that disrepair in a building is likely to cause the property itself or an adjacent property to significantly deteriorate, it can issue a defective building notice requiring the owner to remedy specific problems with the building in order to bring it into a reasonable state of repair.

The notice should specify what the defects are and what work must be carried out to rectify the problem. It must also give a start date for the work, which must be at least seven days after the service of the notice, and a date by which the work should be completed, which must be at least 21 days from the start date. If the owner does not comply with the notice within the deadlines set, s/he is guilty of an offence. The local authority can then carry out or complete the work and recover the costs from the owner. [2]

Dangerous building notices can be served where it appears to a local authority that a building constitutes a danger to the general public, or to adjacent buildings or places. The notice must specify the dates by which the work should be started and completed (the 2003 Act does not set a minimum time limit). If the work is not begun or completed according to the notice, the local authority must carry out the work itself then recover the costs from the owner. [3] s.30 Building (Scotland) Act 2003 ]

Owners can appeal a notice within 21 days of service. The sheriff's decision on the matter is final. [4] However, the local authority may still carry out emergency repair work to remove a danger while the appeal is in progress.

If urgent action is required, the local authority can take steps to prevent access to the dangerous building and any nearby areas, and to reduce or remove the danger, for example, by shoring up the property or even demolishing it. The local authority does not need to notify the owner, and can recover expenses from her/him afterwards. [5]

In an emergency, local authorities have the power to evacuate dangerous buildings immediately, without giving notice. If a local authority is demolishing a building or carrying our work under a defective or dangerous building notice and believes that the work will endanger the occupants of the building, it must issue written notice to the occupants explaining why they must move out and giving them a deadline. The 2003 Act does not set a minimum notice period required. [6]

If an occupant refuses to leave, the local authority can apply to the sheriff court for a warrant of ejection. [7] It is an offence for anyone to occupy a building from which s/he has been removed, punishable by fine. [8]