Section 80 Demolition Notice: What Is It & Do You Need One?
Luke Gould 6th August 2024
Demolition projects require careful planning and adherence to legal requirements to ensure safety and compliance. One critical step in this process is obtaining a Section 80 Demolition Notice. This guide will help you understand what a Section 80 Demolition Notice is, when it's needed, and how to properly submit it.
As a demolition project can’t start until the Section 80 Demolition Notice has been obtained, it’s a good idea to familiarise yourself with the steps involved in completing and submitting the Notice to ensure the process goes smoothly. Our helpful guide outlines everything you need to know…
What is a Section 80 Demolition Notice?
The Section 80 Demolition Notice, which is featured in the 1984 Building Act, is also known as the Notice of Intended Demolition.
This means that, when there is an intention to demolish the whole or part of a building, the person or persons responsible will need to inform the Local Authority of what they are planning to do before the work is carried out.
When is a Section 80 Demolition Notice required?
Most demolition projects require this Notice, especially if they involve significant structural changes. This applies to both commercial and residential properties.
There are three exemptions that do not require a Section 80:
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A notice does not need to be submitted for a shed, greenhouse, conservatory, prefabricated garage, or any building that has a cubic content of less than 1,750 cubic feet.
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A Section 80 is not required if the demolition is the result of a demolition order.
A notice does not need to be submitted if the demolition is for an agricultural building, as stated in Schedule 5 of the Local Government Finance Act 1988, unless it is attached to another, non-agricultural building.
How do I submit a Demolition Notice?
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To submit a Section 80 Demolition Notice, you’ll need to apply in writing to the Local Authority, specifying the building that you are intending to demolish and what specific works will be carried out.
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The notice will also need to be sent to anyone who occupies a building adjacent to the one that is being demolished, the National Grid, and the Electricity Board that supplies the building with power.
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You may also need to secure planning permission or prior approval for the building.
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The Section 80 must be submitted at least six weeks before the intended demolition date, to give the Local Authority ample time to respond.
What information do you need to include in a Section 80 Demolition Notice?
When submitting your Section 80 Demolition Notice, it is important to provide the following information:
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The building you are intending to demolish
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The scope of works that you plan to carry out
How long does it take for a Section 80 Demolition Notice?
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Once you have submitted the Section 80 to the Local Authority, you’ll need to wait for approval before you can start the demolition work. This can take up to six weeks.
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The Local Authority may serve a Counter-Notice under Section 81 of the Building Act 1984. If this is the case, any work will be suspended until the works outlined have been completed.
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If your Local Authority does not issue a Section 81 Notice, you can start the demolition after six weeks.
What happens if you do not complete a Section 80 Demolition Notice?
Legal consequences
You could face significant fines from the Local Authority for non-compliance under the Building Act 1984. In more severe cases, non-compliance can result in prosecution and a criminal conviction.
Project delays
The Local Authority can issue a stop work order, halting all demolition activities until the notice is properly submitted and approved. This can cause significant delays to your project timeline.
Increased costs
You may incur additional costs to rectify any work already completed without the necessary notice, including redoing parts of the demolition to meet regulatory standards.
Reputational damage
Non-compliance can harm your reputation with clients, partners, and local authorities, making it harder to secure future projects.
An example Section 80 Demolition Notice
SECTION 80 BUILDING ACT 1984
NOTICE OF INTENDED DEMOLITION
I (1) ……………………………………………………………………………………………………………………………………………………
of (2) …………………………………………………………………………………………………………………………………………………
hereby give [Local Authority] notice that I intend to demolish a building known as
(3)………………………………………………………………………………………………………………………………………………
The works of demolition intended to be carried out are as follows:
(4)
[Local Authority Name and Address]
This is the information you’ll need to insert for each section:
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Your name - either company name or personal name
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Address of company or personal address
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Address of the building to be demolished
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All necessary details, including a site plan which indicates the building that will be demolished, a brief description of the type, size and construction of the building, and the demolition works that will be undertaken.
What should you do if you receive a counter-notice?
If you are served a Counter Notice under Section 81 of the Building Act 1984 by the Local Authority, all demolition work must be suspended with immediate effect until the list below has been completed. Once you have sent your Notice of Intended Demolition to your Local Authority, you will need to wait for a period of time before you can start work on the demolition. The time period will depend on how the Notice is received.
The Counter Notice may ask you to complete the following work:
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Shore up any building adjacent to the property marked for demolition.
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Weatherproof any surfaces of an adjacent building that will be exposed by the demolition.
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Ensure that the necessary companies have been contacted to disconnect gas, electricity and water.
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Make appropriate arrangements for the burning of any structures or materials.
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Take appropriate steps to protect the public and preserve the public amenity during the demolition and afterwards.
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Repair any damage that an adjacent building has sustained due to the demolition work.
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Remove any material or rubbish created by the demolition.
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Disconnect and seal any sewer or drain under the demolished building.
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If any sewers or drains are removed, the remaining connections should be sealed.
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Make good the surfaces of the ground disturbed by sewer or drain removal and sealing.
Find out more
Are you planning a demolition but don't have time for all the admin? At Hughes and Salvidge, we can manage your entire project, from proposals and budgeting to planning and execution. Contact us today to learn more about our demolition services and how we can help you achieve your project goals.