Demolitions and dangerous structures

Orkney Islands Council has statutory responsibility for buildings that become dangerous, including through age, deterioration, settlement, or damage. This function is carried out by the Building Standards team.

Dangerous buildings

The Building (Scotland) Act 2003 distinguishes between two categories of dangerous building:

Imminently dangerous: The Council may require the owner, by notice, to make the structure safe within a specified period. Where an owner does not comply, the Council may apply to the court for authority to carry out the work, and may recover the costs of doing so from the owner, in accordance with the Act.

Immediately dangerous: The Council may take action to remove the danger without first applying to the court. The Council may recover the costs of this action from the owner, in accordance with the Act.

Legal powers

Sections 28 to 30 of the Building (Scotland) Act 2003 set out the Council's powers to secure that buildings are maintained in a safe condition.

Demolition warrants

A Building Warrant for demolition is valid for three years from the date of issue. The Council may set a shorter period for completion of the works, to be agreed with the applicant at the time of application.

An application for a Building Warrant must include information on the existing building and the proposed method of demolition, sufficient to allow the Council to determine that the application meets the requirements of the Building Regulations. Applicants may also submit a Method Statement prepared under Health and Safety at Work legislation.