Contents Page No.
Front cover 1
Dangerous Structures Policy and Procedures 3 - 6
Appendix A - Internal & External Contact Telephone Numbers 7 - 8
Appendix B – Registration Form 9
Appendix C – Record Form 10
Appendix D – Dangerous Structure Flow Chart 11
Appendix E – Land Registry Form 12 - 13
Appendix F – Section 77 14 - 15
Appendix G – Section 78 16
Appendix H – Rechargeable Work Form 17
Appendix I – Witness Statement 18 - 19
Dangerous Structures Policy and Procedures
The responsibility for enforcing the Legislation in dealing with Dangerous Structures is
met by the Building Control Section of Carmarthenshire County Council. It is a function
that is both pro-active and re-active in terms of dealing with complaints and follows the Guidelines of the overall Enforcement Policy of the section.
The objectives of the policy are to:
Protect the public from dangerous buildings and structures
Ensure the councils statutory duty under the relevant legislation is carried out effectively.
To determine procedures, responsibilities and resources.
To ensure the safety of Building Control staff undertaking Dangerous Building and
Building Act 1984
Section 77 Dangerous Buildings and Structures
Section 78 Dangerous Buildings and Structures Emergency Measures
Section 81 Control over Demolition
Section 82 Conditions under S81
Section 83 Appeal against S81
Section 102 Grounds for appeal
Section 103 Procedure for appeal
The above legislation is dedicated to Dangerous Structures and Buildings and the
most commonly used are sections 77 and 78 from the Building Act 1984.There
are other legislative acts which might have a bearing on the course of action to be
taken and these are listed below:-
Local Government (Miscellaneous Provisions) Act 1976 Section 29 Boarding Up
Local Government (Miscellaneous Provisions) Act 1976 Section 16.Requisition for
Highways Act 1980 Sections 152 Insecure projections over the highway / Street.
Highways Act 1980 Sections 165 Excavations near to Highways
Planning (Listed Buildings and Conservation Areas) Act 1990 Sections 46,56 and 74
Local Government (Miscellaneous Provisions) Act 1976 Section 23 and 24 Dangerous
Section 76 of the Building Act 1984- “Defective Premises” is controlled by the
Residential Services section
Section 79 of the Building Act 1984-“Ruinous and Dilapidated Buildings” is controlled by
the Residential Services section
Council Policy – All the above powers shown above except the Highways Act and
sections 76 and 79 of the Building Act 1984 are delegated to the Director of Regeneration
Procedure in dealing With Dangerous Structures and Buildings
Upon receipt of the complaint via telephone call, e-mail, letter, memo etc the Building Control Officer or Administrative officers are to complete the “Dangerous Structure Registration Form”. This is to gain as much information as possible regarding the complaint and to ascertain the extent of the Danger.(It is very important that this initial form is kept to maintain continuity of evidence in relation to any possible prosecution)
Check whether the complaint has been previously reported and whether an existing file has been registered and whether any information can be gained from this file. Also check whether the complaint involves a Listed Building refer to section on Listed Buildings for details
Arrange for a visit to be carried out which should be within 2 hours or less of the complaint being received, after assessing the level of danger involved
Set up a “Site Inspection Record Form” and print a location plan indicating the address of the complaint. This form should be used to record site inspections together with any conversations and time worked on the file. A time needs to be added to the file on every occasion so if the case goes to court then reasonable costs can be claimed against the defendant.
Inspection of Complaint
Upon arrival on site and prior to any inspection of the Building or Structure make sure all safety equipment is properly worn prior to the start of the inspection
Photograph the danger with the camera provided in every case as documented and photographic evidence is essential and again maintains the continuity of evidence which is essential if the course of action is to be prosecution
Take notes, speak to neighbours etc to ascertain ownership and any form of local knowledge.(be sure to keep these hand written notes and make sure they are kept on file and duly signed and dated)
If the owner is present during the inspection make sure you discuss with him/her the situation and the need for the building/structure to be made safe. Discuss also time scales and their intentions and make sure these discussions are documented
Decide whether there needs to be a notice served. If you feel a notice needs to be served then refer the case immediately to a Principal Building Control Officer or the Building Control Services Manager.
If the complaint involves an empty property then this needs to be logged on the “Dangerous Structures Registration Form” and an e-mail sent to Stefan Nurse from the Environmental Health Section who will register it as an “Empty Property” as part of the Councils “Empty Property Strategy”
If after receiving the complaint and an inspection of the complaint the ownership of the property is still unknown then there are the following options in tracing ownership:-
Contact can be made with either Council Tax or Business Rates who will be able to help you to determine ownership or
Contact can be made with HM Land Registry using the standard form or
Contact can be made with Stefan Nurse from Environmental Health who may have details registered under the “Empty Property Strategy” or alternatively with Planning Enforcement who may have details of the ownership.
Complaints made during out of Hours
Any complaints which are made out of hours are currently directed to the councils “Careline” with a procedure in place to deal with any complaints or emergencies during these hours. This is currently effective between 17:00pm evening and 08:00am in the morning. The weekends are also looked after by the “Careline”. The complaint is then passed directly to the Building Control Unit once normal working hours are resumed
“CARELINE” Tel Number 01267 222288
If a Structure or Building which has been reported as Dangerous is “Listed” then immediate contact be made with the Head of Conservation via telephone and e-mail to maintain a level of “collective responsibility” .It is paramount that public safety is maintained and the issuing of section 77 and 78 notices should not be unduly affected because the building or structure is listed. Any notice that is issued MUST inform the owner that consultation with The Head of Conservation would be required if any part of the structure is to be removed/demolished as it is likely listed planning consent would be required.
Details of Listed Buildings can be found on the following web site:-
Serving Notice under Sections 77 or 78
Section 77 allows the Local Authority to obtain a Magistrates Court order requiring the owner of the dangerous structure to remove the danger. Failure by the owner to remove the danger may result in a fine and the council may also go in and do the necessary work in default.
Section 78 allows the Local Authority to take emergency action to remove a danger when it is considered that taking action under section 77 (applying to the courts) would take too long and place members of the public at risk while the order is being obtained and enforced.
Section 78 action involves the Council in expending monies which has to be reclaimed through the courts
All Building Control Officers and Assistant Building Control Officers are authorised under section 95 Building Act 1984 in respect of powers of entry and thus for investigating dangerous structures initially.
Note: The most important issue when serving a notice is to make sure the notice is sent to the correct person, normally the owner. Please make sure the correct address and name is used on each occasion. The following section is designed to help in establishing the correct procedures for each type of notice.
Which Notice to Serve?
Section 77 - This form of notice is most suited to the dangers which are not immediate, and allows the authority the opportunity in terms of time to pursue, through the courts. If after an informal letter to the owner requesting the works are undertaken to make the structure/building safe are not complied with then the notice must be served.
The responsible officer is to complete the standard section 77 Notice form and draft a letter highlighting the works needed to be completed. It is also a good policy to attach some photographs of the structure/building in question. An allowance of 28 days is normally allowed for the owner to complete the specified works. The notice, covering letter and photographs are to be signed by one of the designated officers and sent by recorded delivery.
Failure by the owner of the structure/building to act upon this correspondence within the 28 days will result in the case been sent to the Legal section of the authority.
The next stage is to present to the legal section a Witness Statement with a covering letter indicating the following information regarding the defendant:-
● Full Name
● Full Address with post code
● Date of Birth
● N I number.
Without the first three pieces of information the legal section cannot pursue the case. The information should be already lodged on the Dangerous Structure registration form. The Witness Statement should include any photographs, which were taken prior to the informal notice and after the informal notice expired. A template and example of a typical witness statement is included in the appendix. Within the witness statement a note of the officer’s time and expenses should be included so that at the time of the proceedings in court the legal section can claim costs against the defendant.
Section 78 - This form of notice is most suitable where the danger is immediate. The law requires the owner to be given reasonable opportunity to rectify the danger if at all possible. It is imperative that you try to contact the owner/owners if known. If no contact possible then attempts must be recorded on the file with dates and times.
Contact the Councils DLO section to arrange a site meeting to discuss the problem at first hand and to explain the requirements. Make sure you confirm on the file who you spoke to. In some instances it may well be necessary to enlist the help of the local Police and Fire Authorities, together with other sections of the authority eg Highways etc. This will help in arranging Road closures and other statutory concerns.
Make sure the scene is documented names of people in attendance and make sure the danger is recorded e.g. notes and photographs.
Upon return to the office Make sure the “Dangerous Structure Registration Form” is updated. Immediately write to the owners with a covering letter and a copy of the Section 78 notice enclosed with photographs taken. Ensure the letter depicts in detail the works undertaken as part of the notice and that the costs of the work WILL be recovered from the owner.
Return to the site of the danger as soon as works are complete and ensure no further danger exists and the site is left safe. The period of time you allow to elapse before checking will vary depending upon a level of danger but generally will not exceed 24 hours.
Have regard to weather conditions when requiring emergency measures. If weather forecasts indicate severe weather warnings, it will have a bearing on the decision as to how soon action is needed and ultimately the notice served.
Be aware of the conditions at the time of your requests. Is it safe for workmen to work off ladders, there are health and safety implications involved. It is safer to cordon the area off temporarily and wait for the conditions to improve.
The CODAM regulations may apply if appointing a contractor to do the work in default. The aim is to ensure that the situation is made safe whilst acting within the legislative framework of the Building Act. However it is just as, if not more important not to take chances and en-danger the public. If the situation is imminently dangerous, it needs to be made safe.
Note - Make sure your decision is well documented and the reasons are clearly identified. If it is found that the wrong form of notice has been used then the costs for undertaking the works may not be recoverable.
Copies of the Notices are available in Appendix F and G.
Upon receipt of the invoice from the DLO Section make sure the costs for the works are recorded as “Rechargeable Works” using the appropriate form included in the Appendix H.
Listed below are a series of contact numbers for both internal and external bodies
● Dyfed Powys Police –(01267) 222020
● SWALEC-0800 0525252
● Welsh Water-0800 0520130
● Gas - 0800 11199
● Housing Maintenance-0800 0851233
● Illegal Tipping-0845 6580445
● Health and Safety Executive-01267244230
● Careline-01267 222288
● Highways-0845 5580445
● Hospitals- Prince Phillip 01554 756567
West Wales General Hospital 01267 235151
● West Wales Ambulance Trust 01267236668
● Mid and West Wales Fire Authority
- Llanelli 01554756373
- Carmarthen 01267222321
DLO Area Offices
● Llanelli –Trostre Depot ,Trostre Road,Llanelli SA14 9RA
● Carmarthen-Cillefwr Depot,Alltycnap Road,Johnstown,Carms
● Ammanford-Cwmamman Depot,Station Road,Glanaman
DLO Telephone Numbers:-
Llanelli - Emyr Phillips Tel : 01554784100 ext. 3733
Carmarthen - Lyn Rowlands Tel: 01267225872
Fax: 01267 222349
Ammanford – Jason D McGarrigle Tel: 01269823003
Fax : 01269826719
Planning Enforcement and Conservation
Brian Canning Planning Enforcement manager 01267 224845
John H Jones 01554 742353
Mike Nicholas 01554 742356
J M Lewis 01267 224642
Carl Atkins 01267 224879
Emma Keller (Conservation) 01267 224839
Ian Thomas (Conservation Manager) 01267 224871
Other useful numbers:-
Darren King- 07880504373 (Highways Llanelli)
Tim M Hammett Ext 3031 (Highways Ammanford)
Huw Morgan Ext 5571 (Highways Carmarthen)
If no contact can be made using the above numbers then contact can be made via the PROPRTY HELP DESK on the following numbers:
Internally - Ext: 5288
Externally - Tel Nos : 01267 228228
Tel Nos : 01267 228427
DANGEROUS STRUCTURE REGISTRATION FORM
Date of registration:
Name & address of Owner:
Name & address of Complainant:
Description of defects:
Date inspected & inspector:
Date complaint received:
Date Informal letter sent:
Date of action by Owner:
Description of action taken by Owner:
Emergency action taken by Council:
Date Case Cleared:
Cost if any?
Time taken on site:
DLO Address – if order required:
(to be filled by Admin Staff)
Address of Property:
SECTION 77 BUILDING ACT 1984
No Further Action Locate Owner From:
Community Charge Section
(Consider other legislation egg.
Highways Act 1980, Planning
Listed Buildings and Conservation
Areas Act 1990)
No Action by Owner
No Further Action
Apply to Magistrates Court for Court Order
Apply for Costs
Order Carried out Order No Carried out
(Owner Liable to fine upon conviction)
No Further Action
Local Authority Execute Order
(Local Authority recovers reasonable expenses)
Application for official
copies of register/plan or certificate in Form CI
Use one form per title. If you need more room than is provided for in a panel, use continuation sheet CS and attach to this form.
1. Administrative area if known Carmarthenshire
2. Title number if known
Postal number or description
Name of road
Name of locality
Ordnance Survey map reference (if known)
The Land Registry fee of £ accompanies this application.
Debit the Credit Account mentioned in panel 5 with the appropriate fee payable under the current Land Registration Fee Order.
For official use only
Impression of fees
7. The application has been lodged by:
Land Registry Key No. (if appropriate) 4 0 5 6 7 3 4
Name Carmarthenshire County Council
Address/DX No. Building Regulations Section
2nd Floor, Building 2,
St Davids Park, Jobswell Road
CARMARTHEN, SA31 3HB
Reference Dangerous Structures
E-mail : Spound@carmarthenshire.gov.uk
Telephone No. 01554 742237 Direct Line SP
Fax No. 01554 742166
6. If the official copies are to be sent to anyone other than the applicant in panel 5, please supply the name and address of the person to whom they should be sent.
Mr. S Pound,Senior Building Control Officer, Ty Elwyn, LLANELLI Carms. SA15 3AP
Reference DANGEROUS STRUCTURES
As regards this property, my application relates to:
freehold estate caution against first registration franchise manor
leasehold estate rentcharge profit a prendre in gross
I require an official copy back-dated to the day prior to the receipt of that application or
I require an official copy on completion of that application
official copy(ies) of the register of the above mentioned property
official copy(ies) of the title plan or caution plan of the above mentioned property
a certificate in Form CI, in which case either:
an estate plan has been approved and the plot number is
no estate plan has been approved and a certificate is to be issued in respect of the land
shown on the attached plan and copy
10. Signature of applicant Date
© Crown copyright (ref: LR/HQ) 10/03
NAME & ADDRESS OF OWNER / OCCUPIER
It appears to me that the building or structure of which you act are the owner
is in such a condition as to be dangerous.
Unless you can advise me without delay that adequate steps have been taken to remove the cause of complaint, it will be my duty to report the matter to the above-named local authority with a view to action being taken by them under Section 77 of the Building Act 1984.
The provisions of the said section are reproduced overleaf.
I am, Sir
Building Control Services Manager
BUILDING ACT 1984, SECTION 77
77. Dangerous Building - (1) If it appears to a Local Authority that a building or structure, or part of a building or structure is in such condition, or is used to carry such loads, as to be dangerous, the Authority may apply to a Magistrates’ Court, and the Court may -
(a) where danger arises from the condition of the building or structure, make an order requiring the owner thereof -
i. to execute such work as may be necessary to obviate the danger or,
ii. if he so elects, to demolish the building or structure, or any dangerous part of it, and remove any rubbish resulting from the demolition or
(b) where danger arises from overloading of the building or structure, make an order restricting its use until a Magistrates’ Court being satisfied that any necessary works have been executed, withdraws or modifies the restriction.
2. If the person on whom an order is made under subsection (1) (a) fails to comply with the order within the time specified, the Local Authority may
(a) execute the order in such manner as they think fit, and
(b) recover the expenses reasonably incurred by them in doing so from the person in default.
And without prejudice to the right of the Authority to exercise those powers, the person is liable on summary conviction to a fine not exceeding level 1 on the standard scale. *
(*Currently £50.00 subject to attention by Order)
BUILDING ACT 1984
Section 78 (2)
Notice of intention to carry out emergency measures
to deal with dangerous building or structure.
WHERAS you are the [owner] [occupier] of [a building known as
on which a certain structure, namely
AND WHEREAS it appears to [me the proper Officer of] the
(hereinafter called “the Council”) that [part of] the said [building] [structure] [is in such a state] [is used to carry such loads] as to be dangerous and that immediate action should be taken to remove the danger:
TAKE NOTICE that  [the Council] have excersied the powers conferred by Section 78 of the
Building Act 1984, and have taken such steps as may be necessary to remove the danger aforesaid’
The Council may recover from the owner of the [building] [premises on which the structure is situated] the expenses reasonably incurred by them under the said Section.
DATED this day of
(The Officer appointed for this purpose)
2ND FLOOR, BUILDING 2, ST.DAVIDS PARK, JOBSWELL ROAD, CARMARTHEN, SA31 3HD
To ensure that all costs are recovered properly, could you please let me have the following information as soon as the works have been satisfactorily completed.
1. The Name(s) and address(es) of the person(s) who are to be recharged:- (please ensure you enter initials
2. The exact working that is to appear on the account that will be sent to 1. above which accurately described the work undertaken and relevant legislation.
3. The date(s) on which the work was undertaken together with any job or reference numbers that may be useful
4. Contractor - _____________________________________________________________
5. Cost of default Works _____________________________________________________________
6. Please state if:-
A. there is any staff time to be recharges (Full cost of names of Officers together with number of hours to be recharged)
B. there are any other costs which should be recharged but which may have been coded elsewhere (cost and code used)
C. there is any other useful information (please forward copy invoices etc)
THIS FORM MUST BE FULLY COMPLETED, SIGNED AND RETURNED. FAILURE TO DO THIS MAY RESULT IN THE DEPARTMENT BEARING ANY COSTS NOT RECHARGED.
Signature of Responsible Officer ___________________________ Date __________________
Criminal Justice Act 1967, s.9; Magistrates Courts Act 1980, ss.5A(3)(a) and 5B ;
Magistrates Courts Rules, r.70
STATEMENT OF Barbara Baxter
AGE Over 21
OCCUPATION Probation Officer
This statement (consisting of pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence , I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true
I am employed by the National Probation Service as a Probation Officer based at Water Street, Carmarthen. My duties include the supervision of offenders who have been made the subject of Community Rehabilitation Orders by the Magistrates Courts.
On the 1st October 2004 a Mr. Alan Andrews, of 1 High Street, Ammanford was made the subject of an 18 month Community Rehabilitation Order and 100 hour Community Punishment Order for the offence of Taking a Vehicle Without Consent. I am the supervising officer for these orders, and produce copies of them as exhibit BB.1.
On the 6th October I met with Mr. Andrews for his formal induction interview. I explained to him the requirements of the order and the standards of behaviour expected of him. I also handed him a booklet which contained this information, and a written appointment for his next meeting with me at 3pm on the 16th October, together with a written instruction to attend at High Street School, Ammanford at 9am on the 8th October to commence Community Punishment work. I produce copies of the written appointment and written work instruction as exhibits BB.2 and BB.3.
At about 10am on the 8th October I was made aware that Mr. Andrews had failed to attend at High Street School as instructed.
At about 3.15pm I was informed by my colleague, Diana Dixon, that she had received a telephone call from a Mrs. Amanda Andrews, who said she was speaking on behalf of her son Alan. Mrs. Andrews had explained that her son was unable to turn up today as he had a job interview.
I therefore wrote to Mr. Andrews requiring him to provide an acceptable reason for his absence, and warning him that any further breach of the order would result in breach proceedings being brought. I produce a copy of this letter as exhibit BB.4
On the 12th October I received an undated handwritten letter, which Mr Andrews had handed in at reception. The letter confirms that Mr Andrews had a job interview with the writer of the letter at 8.30am on the 8th October. There is no address on the letter, just a mobile telephone number. The letter is signed M Davies. I produce a copy of this letter as exhibit BB.5.
I telephoned the mobile number on the letter 5 times during the course of the 12th and 13th October, but was unable to get through. I was not able to leave any message. I then telephoned Alan Andrews and asked him to provide me with an address or land line number for M Davies. Mr Andrews failed to comply with this request.
On the 16th October I waited until 5pm for Me Andrews to attend his 3pm appointment .He did not attend. On the 17th October, I received a telephone call from Mr Andrews during which he said he had been unable to attend his appointment because he had another job interview with M Davies. I advised Mr Andrews that this was an unacceptable reason and that he would be made the subject of breach proceedings.