Council Billing Under Building Act Advice

[PIXeL_92]

Hi All,

 

A while ago I have posted about the main cause of the issue -

We are 18 months on and he is still living with us and not back in his place, he is looking to be out by the end of April as originally we said it would only be a couple months whilst he got himself sorted out anyway this isn't really relevant to the question.

 

He has been billed around £26,000 from the council for works on the property and everything else involved ie putting up fencing, security, warning signage and a few more bits, how the bill was worked out was that the total cost for the various elements to make everything "safe" and divided by the 3 and a bill given to 23, 21 and 19 (19 was the only one insured, so I am assuming they are covering it.)

 

It was billed under section 78 of the building act due to it being unsafe and work needing to be done immediately deeming it not having to go before a magistrate under section 79 of the building act as the magistrate could have said it was up to the property owners to carry out the work (however I doubt they would of said that due to the state of the 3 properties.)

 

He is now arguing that the work wasn't carried out immediately and should have been billed under section 79, if he can get this confirmed anything that is billed under 78 will then become null and can't be charged, looking at Blackpool's website https://www.blackpool.gov.uk/Residents/Planning-environment-and-community/Building-control/Dangerous-structures.aspx, the term immediately isn't defined, from the explosion to a contractor employed by the council to start work on the site took about 3-4 months as they found it difficult to get a tender filled due to most applicants not having the appropriate insurance, however it was all fenced off during this period with their erected fencing and no public access was allowed.

 

Then another issue was the fact that during the time the council was looking after the property there was a number of break ins that resulting in stuff getting stolen (these have been reported to the police,) as well as when scaffolding was erected carpet was cut, floorboards damaged, fittings ripped off of wall and a few other cosmetic bits would any of this be recoverable under building act section 106 as it was under the councils care as he wasn't allowed access.

 

He doesn't have anyway to prove what was actually owned (apart from a couple motorbikes) as a lot of the items where old and he doesn't have invoices etc and he also had his whole house cleared out by a removal firm due to having to have all the electrics re-wired, but this was done once he had the keys for the house back and it was deemed safe.

 

Under section 80 there should have also been notices to demolish (Number 21) but neither 23,21 or 19 got this notice, does this have any bearing on paying the bill (https://www.blackpool.gov.uk/Residents/Planning-environment-and-community/Building-control/Demolition.aspx), this wasn't followed?

 

Having a google online there is only one similar situation but I am not sure it applies as this was based on lease hold where the property was managed by the council, https://hsfnotes.com/realestatedevelopment/2016/10/14/compensation-for-closure-of-a-dangerous-structure/

 

So I was just looking for some advise or insight from someone that have had dealing involving this before.

 

Regards

 

 

[labrat]

Hi

 

I mentioned this on the last thread but is it worth looking at any crowdfunding/go fund me

 

I'm only mentioning it again as it is usually very very expensive to fight a council 

[PIXeL_92]

10 minutes ago, labrat said:

Hi

 

I mentioned this on the last thread but is it worth looking at any crowdfunding/go fund me

 

I'm only mentioning it again as it is usually very very expensive to fight a council 

 

Hey man,

 

I did mention this too him but I don't think he wants to have other people pay for his stupidity (no insurance)

 

If it really came to it he could just about afford the fees and renovations but it would wipe his saving to £0

 

Cheers

[PIXeL_92]

He has now been to the magistrates courts for some legal help with the bill but they have said they couldn't advise and he would need to go to the council about it first. He is worried that they will be bias as they are the ones that gave him the bill, is there any independent party he could go too or would he need to find a lawyer that specializes in building regs etc ?