Dealing with a Section 79 Enforcement Notice for Immediate Demolition

If you receive a Section 79 Enforcement Notice, it is crucial to take immediate action to address the situation. Here are the steps you should follow:

1. Consult with Professionals

Engage the services of a qualified structural engineer or building surveyor to assess the condition of the building. They will provide a professional opinion on whether the notice is justified and the best course of action to ensure public safety.

2. Communicate with the Local Authority

Contact the local authority promptly to discuss the notice and share the findings of the structural engineer or building surveyor. Open communication with the local authority is essential to ensure that all parties are on the same page and working towards a resolution.

3. Explore Alternatives

Consider alternative solutions to immediate demolition, such as stabilization or repair works, if they are deemed feasible and safe by the professionals involved. The local authority may be open to considering alternatives that adequately address the safety concerns while avoiding the complete demolition of the building.

4. Submit a Written Response

Prepare a written response to the local authority, outlining your proposed plan of action based on the advice of the professionals. Clearly explain how your proposed solution will address the safety concerns raised in the Section 79 Enforcement Notice.

5. Seek Legal Advice if Necessary

If you believe that the Section 79 Enforcement Notice has been unjustly issued or if you encounter difficulties in resolving the matter with the local authority, it may be wise to seek legal advice. A solicitor specializing in property law can guide you through the legal process and help protect your rights and interests.

Conclusion

A Section 79 Enforcement Notice for immediate demolition is a serious matter that requires prompt attention and careful consideration. By consulting with professionals, communicating with the local authority, exploring alternatives, and submitting a written response, you can effectively deal with the notice and work towards a resolution that ensures public safety.

Remember, it is crucial to act swiftly and responsibly when faced with a Section 79 Enforcement Notice to protect both the public and your own interests.

The Section 79 enforcement process is a structured and legal procedure that must be followed by the local authority. It typically involves the following steps:

1. Investigation: The local planning authority investigates the alleged breach of planning control. This may involve site visits, gathering evidence, and consulting with relevant parties.
2. Notice Issuance: If the local authority determines that a breach has occurred, they will issue a Section 79 Enforcement Notice to the responsible party. The notice will specify the nature of the breach and the actions required to rectify it.
3. Appeals: The recipient of the Enforcement Notice has the right to appeal against it within a specified timeframe. This can be done through the Planning Inspectorate or the local planning authority’s appeals process.
4. Compliance: If the recipient of the notice does not appeal or the appeal is dismissed, they are legally obligated to comply with the requirements outlined in the Enforcement Notice. Failure to comply can result in further legal action and potential penalties.

Demolition companies can play a crucial role in the Section 79 enforcement process. Here are some ways they can assist:

1. Site Clearance: If the breach involves unauthorized structures or developments, demolition companies can help by carrying out the necessary site clearance. This can involve the safe and efficient removal of buildings, structures, or other unauthorized developments.
2. Restoration: In cases where the breach requires the land to be restored to its previous state, demolition companies can assist in the restoration process. This can include clearing debris, regrading land, and ensuring environmental compliance.
3. Expertise: Demolition companies have extensive knowledge and experience in dealing with various types of structures and developments. Their expertise can be invaluable in determining the most efficient and effective methods for rectifying the breach.
4. Compliance: Demolition companies are well-versed in complying with relevant regulations and standards. By engaging their services, the responsible party can ensure that the necessary actions are carried out in accordance with legal requirements.

The Section 79 Enforcement Notice is an important tool used by local planning authorities to address breaches of planning control. Understanding the process and the role of demolition companies can help in resolving these issues efficiently and effectively. By working together, local authorities and demolition companies can ensure compliance with planning regulations and maintain the integrity of our built environment.