Apply for a demolition notice

Guidance on how to serve a demolition notice

The Building Act 1984 requires that you tell us in writing if you intend to demolish a building, or part of a building (over 50m3).  There are very limited exceptions.

You should not commence demolition unless Building Control have served a counter notice under s.81 of the Act or expiry of 6 weeks from service of your notification.

The written notice must specify:

  • the building being demolished
  • details of the works of demolition
  • the person undertaking the work and their contact details
  • Start date of  demolition

In addition you are also required to ensure:

  1. the occupiers of adjacent buildings have been informed, and compliance with the Party Wall Act has been achieved. See the Party Wall information on GOV.UKExternal link
  2. the gas supply for the building has been terminated
  3. the electricity supply for the building has been terminated
  4. the water supply for the building has been terminated
  5. drainage from the building/site will be sealed
  6. how the site will be secured following completion

When completing your form, it is important that you include the following information:

  • site location plan to a scale of not less than 1:2500, with the building being demolished shown in red
  • a method statement outlining the demolition
  • support and / or weather protection details to adjacent buildings (if applicable)
  • an asbestos site survey
  • confirmation that the site is suitably fenced or hoarded.

Approval under the relevant planning acts may also be needed.

Anyone who intends to demolish a building or a part of a building, whether the owner or the demolition contractor, must serve the above-mentioned notice on the council's Building Control Department informing of their intentions before demolition work starts.

Demolition may not commence until we have given permission or a period of 6 weeks has elapsed.

Exceptions

The only exceptions for serving a demolition notice for buildings are:

  • the demolition of an internal part of a building if the building continues to be occupied
  • buildings having an external size of less than 50m3 (this volume is less than the size of an average double garage)
  • extensions on a larger building that consists of a domestic greenhouse, conservatory, shed or pre-fabricated garage

Asbestos

Asbestos can be present in any building built or refurbished before the year 2000, and if it is disturbed it's very harmful to health.

The Control of Asbestos Regulations 2012 require a demolition survey to be carried out before any demolition takes place. The survey is used to locate and describe all asbestos-containing materials so that they can be removed and disposed of safely before final demolition takes place (see Regulation 7 of the regulations).

The approval process - how does it work?

Our demolition management service helps ensure that buildings are demolished safely.

Building Control will ensure that the appropriate copies of the notice have been given to any other parties.

When we give approval for the demolition to take place, we will require the owner/contractor to adhere to certain conditions, including:

  • adequate shoring, repair and weatherproofing of adjacent buildings
  • removal of material or rubbish and disconnection, removal or sealing of drainage
  • the disconnection of gas, electricity and water supplies
  • a ban on the burning of any materials on site
  • a requirement to minimise the effect on adjoining properties
  • a requirement for them to ensure the site is safe and secure

We will give our approval by serving a counter notice on the person intending to carry out the demolition work, under Section 81 of the Building Act 1984. Failure to provide the appropriate notice may lead to prosecution, leading to a fine upon conviction of £2,500 (Level 4 fine).

Buildings cannot be demolished without a demolition notice. We must ensure that the relevant conditions are being complied with.

This service is free of charge. The easiest way to apply is online using our online application form.

Apply online

Apply by email

To apply for a demolition notice by email or post, please complete the following steps:

What happens next

The council has six weeks to respond with appropriate notices and consultation under Sections 81 and 82 of the act but we will aim to do this earlier wherever possible. It is unlawful to commence demolition until this notice is given.

You must notify us at least 24 hours before demolition works start and before any existing drains are sealed or removed. This is so we can inspect as necessary during the course of demolition and on completion to ensure that the conditions we impose are met.

You may also need to consult with the development control team when the building is to be demolished.

External guidance

You may find the following links useful:

Application form

Do I need planning permission?

You may also need planning permission for your proposed work, especially if the building is listed or within a conservation area

Please contact planning@horsham.gov.uk for properties in Horsham or development.control@crawley.gov.uk for Crawley to discuss your plans.