What is a dangerous structure?
The term ‘structure’ includes any of the following:
- buildings or part of buildings
- garden walls
- fences
- any built structure or part of a built structure
A ‘dangerous structure’ is where a structure poses an immediate/imminent risk to the public. The risk posed will depend on a number of factors, including:
- proximity to publicly accessible spaces
- weather conditions
- likelihood of imminent failure
What can lead to a structure becoming dangerous?
Structures can become dangerous for various reasons, including (but not limited to):
- poor maintenance
- storm damage
- vehicle impacts
- design defects
- fire incidents
How do you make dangerous structures safe again?
The owner of the structure has a general duty of care to protect people from any harm arising through the unsafe condition of their property.
If a building or structure you own is dangerous, you are responsible for making it safe as a matter of urgency. Making safe might include repair or limiting access so that the public are kept away from the danger.
If you have concerns about a danger, in the first instance, please notify the owner of the property so they can remove the danger.
If the owner is not able to remove the danger or you do not know who owns the structure, Building Control have powers to make dangerous structures safe. You can report dangerous structures by calling 0300 1234 151.
Building Control do not have the power to remove people from their own property if they have capacity to make their own decisions.
Building Control assess reported cases within 2 hours of notification and visit as necessary. If the structure is an imminent danger, we will make reasonable attempts to identify and contact the owner. This is before we undertake works to remove a danger.
If the structure is not an immediate danger but has the potential to become a danger, we may write to all possible owners. We will make them aware of the dangers and ask them to take proactive action. If the situation changes, for example a change in weather conditions, we reserve the right to make the danger safe immediately.
Key legislation
Understanding your legal obligations is crucial for:
- ensuring public safety
- avoiding potential legal issues
The process is governed by Section 77 or 78 of the Building Act 1984 or Section 165 of the Highways Act 1980. A summary is provided below.
Section 77 of the Building Act 1984
This section allows councils to take action if a structure poses a risk to public safety, which involves applying to a Court for a legal order requiring the owner to rectify the danger. The Court can order the repayment of costs incurred by the Council in preparing a case for court. If an owner fails to comply with the order they risk prosecution.
Section 78 of the Building Act 1984
This relates to emergency measures for a dangerous structure. If a local authority believes that a structure, or part of it, is deemed dangerous such that immediate action is required it can serve a Section 78 notice. This allows the Council to carry out works as necessary to remove the danger or make the situation safe by other means. Any costs incurred are recoverable from the owner.
Section 165 of the Highways Act
If, in or on any land adjoining a street/public access, there is an unfenced or inadequately fenced source of danger to persons using the street, the local authority may, by notice to the owner or occupier of that land, require them within specified time in the notice to execute works of repair, protection, removal or enclosure.
Who pays for the works to make the structure safe?
If we need to undertake immediate works to a structure, we will recover costs from the owner. Costs vary depending on accessibility, weather conditions and amount of works required to remove the danger. Occasionally we may implement temporary arrangements, for example a road closure, until the weather and/or time allows a more suitable solution to be implemented.
In addition to costs incurred by Building Control or our Contractors, if the situation requires Cornwall Highways to install traffic management, potential costs of different scenarios are provided on the Highways Factsheet.
Report a Dangerous Structure
You can tell us about a dangerous building or structure at any time. Please use What3Words to pinpoint the location of the danger.
You will need to provide a contact name and phone number so that we can contact you to get more information to help us assess the situation.
Call 0300 1234 151 to report a dangerous structure. This service is provided 24 hours a day.
What is a Dangerous Structure Notice?
The Council can serve legal notices to ensure dangerous structures are made safe. These can be Section 77 or Section 78 notices. We maintain a list of current dangerous structure notices.