The council's enforcement powers

What is an enforcement notice?

Generally, where a problem is identified a notice will be served on the owner of the property or the person responsible. Sometimes the council has a statutory duty to serve a notice; in other cases the council may use discretion. This notice will:

• identify the problem
• stipulate works to be carried out
• give a time limit for that work to be done.

The amount of time that is given is governed by legislation and varies with each situation. When dealing with dangerous structures or properties which are open to access, immediate action may be taken.

Except for these emergency situations; there is time for the person who has been served with the notice to appeal against it. If there is no appeal and the notice is not complied then the council, in some instances, may arrange for the work to be done. The owner will then be recharged; with additional administration costs and may face legal proceedings.

When may a notice be served?

The types of situations where notices may be served include:

• properties which are empty and open to access, possibly due to a break-in
• where rubbish such as household refuse, food waste, old bedding, clothes or furniture has been left causing smells or attracting flies or vermin
• properties or parts of properties which are dangerous e.g. slipped slates, badly leaning chimneys or walls
• properties which are in disrepair and are causing a nuisance or damage to neighbouring properties e.g. missing roof slates or faulty rainwater goods which allow water to penetrate into the adjacent property
• broken or insufficient drainage causing blockages, smells or rodent problems
• properties which are badly dilapidated or in a ruinous condition
• properties which are in such a poor state of repair that they are unfit for habitation
• Overgrown gardens acting as harbourage for pests.

What enforcement options are available to the council?

There are a range of options for dealing with unfit properties. These include:

• repair notice
• demolition notice
• enforced sale

Generally speaking before any of the above notices are served every attempt is made to contact the owner on an informal basis to encourage them to bring the property up to standard. This also helps to determine the most appropriate course of action for the property.

If formal action is required then the council will serve a statutory notice which will give details of the work required to meet the needs of the legislation relating to this notice. This will include a schedule of works which specifies exactly what work is required. If the owner fails to carry out this work within the time specified then the council, in some cases, is at liberty to carry out this work in default. All costs will then be re-charged back to the owner for payment, along with additional administration charges.

Enforced sale

The Law of Property Act 1925 gives local authorities the power to sell properties in order to recover debts. Where work has been carried out on the property in default and the owner has subsequently failed to repay this debt enforced sale can be an option.