Building Act survey request; Dangerous Structures, Section 77 & 78

Ms B Bailey made this Rhyddid Gwybodaeth request to Rhondda Cynon Taff Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn llwyddiannus.

Dear Rhondda Cynon Taff Council,

Building Act survey request; Dangerous Structures, Section 77 & 78

I am undertaking a survey regarding dangerous structures across the South Wales and periphery local authorities regarding the management of Dangerous Structures. Your authority is identified as one of these.

I would be most grateful if you could take the time to provide answers to the following questions, which I will collate when complete and provide back to all authorities as a summary and comparator of good practice / what is happening on the ground.

I appreciate your responses will not refer to individual cases and comply with data protection and freedom of information requirements respectively.

1. Do you have a Dangerous Structures process in place, in applying Section 77 and 78 of the Building Act, Dangerous Structures?

2. Have you had to exercise your powers in the past ten years, in respect of home owners to address any Dangerous Structure, which would be a risk to the public?

If yes, how many separate incidences over the 10 year period have you managed specifically relating to households?

3. If the answer to question 2 is yes.

Section 77

- How many of these involved Informal Notices issued under Section 77?

- How many of these Informal Notices under section 77, were then raised at the magistrates court?

- Where further action at a court may not have been taken, is this because the dangerous structure was removed?

Section 78

- How many of these involved progressing a Section 77 to a 78 and notifying an owner of exercising your powers under this?

- How many of these were then raised at the magistrates court to recover funds?

- Where you exercised powers under Section 78 but did not take further action after this, was the dangerous structure removed?

- If a dangerous structure was not removed, why was it not?

4. In considering Dangerous Structures, how do you assess, mitigate and monitor the danger?

- Have you ever left mitigation measures in place and not removed the danger that was identified?

- If so, how long would you consider acceptable for mitigation measures to be held, do you then monitor these and how do you to measure the danger?

5. In considering Informal Notices under Section 77, what would be the maximum period you would allow for this to be responded to by an owner before the appropriate action is necessary under Section 78?

Is this period outlined in the Dangerous Structure Building Act guidance?

Would you consider a 10 year period of the issue of an Informal Notice without addressing a dangerous structure acceptable?

6. In considering exercising your powers,

- under Section 77, how long would the period usually take to apply to court?

- under Section 78, how long would the period usually take to apply to court and procure for the necessary works on average?

- What are the reasons you would exercise your powers under Section 78 in line with the building Act, Dangerous Structures?

7. In raising a Section 77, would you survey and identify ownership in order to legally issue any notice?

- Do you have internal resource to assess ownership?

- Have you ever used external boundary specialists?

- If the answer is yes, at what stage in the Dangerous Structures process and in what scenario have you used external boundary specialists?

- Would you alternatively leave the view up to the courts regarding ownership, with neutrality and to recover funds?

8. Noting building history is recorded on your planning register, what information would you update the register with for the public, when exercising your powers under section 77 and 78 respectively?

9. Have you ever had to undertake a condition survey for a dangerous structure?
If the answer is yes, at what stage do you usually undertake this?

When exercising your powers under Section 78, if you progress a condition survey at this stage, which survey preference do you have, noting if this is under the RICS or not?

Yours faithfully,

Ms Bailey

Freedomofinformation, Rhondda Cynon Taff Council

Dear Ms Bailey

Thank you for your request for information.

Your request will be processed in accordance with the Freedom of
Information Act 2000 (or Environmental Information Regulations 2004, if it
relates to environmental information).

You should ordinarily expect to receive a response to your request no
later than 20 working days following the date of submission to the
Council. We will contact you should this not be the case.

Yours sincerely

Corporate Governance Team
for Director of Legal & Democratic Services

dangos adrannau a ddyfynnir

Dear Freedomofinformation,

I have received a reply from another authority that the survey request would take too long and could this be modified. In response please find a modified survey which I hope will make the response easier.

Building Act survey request; Dangerous Structures, Section 77 & 78

I am undertaking a survey regarding dangerous structures across the South Wales and periphery local authorities regarding the management of Dangerous Structures. Your authority is identified as one of these.

I would be most grateful if you could take the time to provide answers to the following questions, which I will collate when complete and provide back to all authorities as a summary and comparator of good practice / what is happening on the ground.

I appreciate your responses will not refer to individual cases and comply with data protection and freedom of information requirements respectively.

1. Do you have a Dangerous Structures process in place, in applying Section 77 and 78 of the Building Act, Dangerous Structures and if so can you provide a copy or link?

Yes / No

2. Have you ever had to exercise your powers in respect of home owners to address any Dangerous Structure, which would be a risk to the public under Section 78 in the past ten years?

Yes / No

3. Have you ever raised a Section 78 at a magistrates court to recover funds?

Yes / No

4. If you felt you could not recover funds via the magistrates court decision, would this stop you progressing the removal of a dangerous structure?

Yes / No

5. Is it your role to ensure removal of any identified dangerous structure by enforcement if it is a danger to the public?

Yes / No

6. In considering Dangerous Structures, how do you assess, mitigate and monitor dangerous structures?

7. In considering Informal Notices under Section 77, what would be the maximum period you would allow for this to be responded to by an owner before the appropriate action is necessary under Section 78?

Is this period outlined in the Dangerous Structure Building Act guidance?

Yes / No

Would you consider a 10 year period of the issue of an Informal Notice without addressing a dangerous structure so identified acceptable?

Yes / No

8. In exercising powers under Section 77, how long would the period usually take to apply to court if necessary?

9. In exercising powers under Section 78, how long would the period usually take to apply to court and procure for the necessary works on average?

10. What are the reasons you would exercise your powers under Section 78 in line with the Building Act, Dangerous Structures?

11. In raising a Section 77, would you survey and identify ownership in order to legally issue any notice?

Yes / No

12. Do you have internal resource to assess ownership?

Yes / No

13. Have you ever used external boundary specialists?

Yes / No

14. If the answer is yes, at what stage in the Dangerous Structures process and in what scenario have you used external boundary specialists?

15. Would you alternatively leave the view up to the courts regarding ownership, with neutrality and to recover funds?

16. Noting building history is recorded on your planning register, what information would you update the register with for the public, when exercising your powers under section 77 and 78 respectively?

17. Have you ever had to undertake a condition survey for a dangerous structure?
If the answer is yes, at what stage do you usually undertake this?

When exercising your powers under Section 78, if you progress a condition survey at this stage, which survey preference do you have, noting if this is under the RICS or not?

Yours sincerely,

Ms B Bailey

Dear Freedomofinformation,

I am requesting an internal review relating to the FOI request on this thread

Yours sincerely,

Ms B Bailey

Jones, Christopher B (Legal),

Dear Ms. Bailey,

Thank you for your email.

Your appeal has been referred to Mr Christopher Jones, Director of Legal &
Democratic Services, who will undertake a review of the way your Freedom
of Information request has been handled and you will receive a response
within 20 working days.

Kind regards,
Julie Llewellyn
Ysgrifenydd i / Secretary to C.B. Jones
Cyfarwyddwr y Gwasanaethau Cyfreithiol a Llywodraethol / Director of Legal
& Democratic Services

 Ffôn/Tel : 01443 424105
 Ffacs/Fax : 01443 424027
 Ebost/Email : [email address]
 Gwefan/Website : www.rctcbc.gov.uk

 Cyfeiriad/Address : Y Pafiliynau, Parc y Cambrian, Cwm Clydach,
Tonypandy, CF40 2XX
The Pavilions, Cambrian Park, Clydach Vale, Tonypandy, CF40 2XX
 Meddyliwch am yr amgylchedd cyn i chi argraffu'r e-bost hwn / Before you
print - think about the environment

Croesawn ohebu yn Gymraeg a fydd gohebu yn y Gymraeg ddim yn arwain at
oedi. Rhowch wybod inni beth yw'ch dewis iaith e.e Cymraeg neu'n
ddwyieithog.
We welcome correspondence in Welsh and corresponding with us in Welsh will
not lead to a delay. Let us know your language choice if Welsh or
bilingual.

______________________________________________________________________________________________________________

dangos adrannau a ddyfynnir

Dear Jones, Christopher B (Legal),

Whilst an internal review is taking place, a refusal to provide the information and reasons for this is requested as part of the standard procedure please.

Yours sincerely,

Ms B Bailey

Freedomofinformation, Rhondda Cynon Taff Council

2 Atodiad

Dear Ms Bailey,

 

We sincerely apologise for the delay in response to your Freedom of
Information Request in respect of the questions below regarding dangerous
structures across the South Wales and periphery local authorities
regarding the management of Dangerous Structures.

 

The Authority’s response is as follows:

 

1. Do you have a Dangerous Structures process in place, in applying
Section 77 and 78 of the Building Act, Dangerous Structures and if so can
you provide a copy or link?

 

Yes / No      Yes.  Please refer to attachment.

 

2. Have you ever had to exercise your powers in respect of home owners to
address any Dangerous Structure, which would be a risk to the public under
Section 78 in the past ten years?

 

Yes / No      Yes.

 

3. Have you ever raised a Section 78 at a magistrates court to recover
funds?

 

Yes / No     Yes

 

4. If you felt you could not recover funds via the magistrates court
decision, would this stop you progressing the removal of a dangerous
structure?

 

Yes / No      Yes

 

5. Is it your role to ensure removal of any identified dangerous structure
by enforcement if it is a danger to the public?

 

Yes / No     Dependant on circumstances of individual case.

 

6. In considering Dangerous Structures, how do you assess, mitigate and
monitor dangerous structures?   Visual inspections with photographs and
seek additional advice if necessary.  Mitigation depends on individual
case and degree of danger.

 

7. In considering Informal Notices under Section 77, what would be the
maximum period you would allow for this to be responded to by an owner
before the appropriate action is necessary under Section 78?   Dependent
of the degree of the danger and the deterioration.       Usually 7, 14, 28
or maximum 56 days

 

Is this period outlined in the Dangerous Structure Building Act
guidance?    

 

Yes / No    No

 

Would you consider a 10 year period of the issue of an Informal Notice
without addressing a dangerous structure so identified acceptable?

 

Yes / No    No

 

8. In exercising powers under Section 77, how long would the period
usually take to apply to court if necessary?     Apply to court after
expiry of 28 day Notice, Usually takes 3 months for court attendance.

 

9. In exercising powers under Section 78, how long would the period
usually take to apply to court and procure for the necessary works on
average?   No court action taken.

 

10. What are the reasons you would exercise your powers under Section 78
in line with the Building Act, Dangerous Structures?   Emergency with
imminent risk to public safety

 

11. In raising a Section 77, would you survey and identify ownership in
order to legally issue any notice?  

 

Yes / No    Yes

 

12. Do you have internal resource to assess ownership?

 

Yes / No    Yes and external options (Land Registry)

 

13. Have you ever used external boundary specialists?

 

Yes / No    No

 

14. If the answer is yes, at what stage in the Dangerous Structures
process and in what scenario have you used external boundary specialists?
N/A

 

15. Would you alternatively leave the view up to the courts regarding
ownership, with neutrality and to recover funds?    Yes on occasion

 

16. Noting building history is recorded on your planning register, what
information would you update the register with for the public, when
exercising your powers under section 77 and 78 respectively?     Minimal
information describing the incident and action taken.

 

17. Have you ever had to undertake a condition survey for a dangerous
structure?

If the answer is yes, at what stage do you usually undertake this?    No

 

When exercising your powers under Section 78, if you progress a condition
survey at this stage, which survey preference do you have, noting if this
is under the RICS or not?     N/A

 

If you are unhappy with the way your request for information has been
handled, you can request a review of the Council’s response.  If you wish
to exercise this right, please set out in writing your grounds and send
your appeal to Mrs Julie Llewellyn. She may be reached at
[1][email address] or at RCT CBC, Pavilions, Clydach Vale,
Tonypandy, CF40 2XX.

 

Additionally you may, if you wish, find out more about the Freedom of
Information Act & Environmental Information Regulations from the
Information Commissioner at

[2]http://www.ico.org.uk/

 

We trust this answers your queries.

 

Yours Sincerely

 

Marc Jones

Swyddog Gwasanaethau Democrataidd / Democratic Services Officer

Gwasanaethau Cyfreithiol a Democrataidd / Legal and Democratic Services

 

The Pavilions

Clydach Vale

CF40 2XX

Ffon: 01443 424102 / Tel No: 01443 424102

 

[3]cid:FE48A5FE-C9BA-4E6C-ACED-1EA51AB1E22D

 

 

dangos adrannau a ddyfynnir

Dear Freedomofinformation,

Please on my thanks for the response to the survey to the officers who completed

Yours sincerely,

Ms B Bailey