If you have a project that involves demolition and rebuilding, there are many aspects you need to undertake before you even call in the demolition contractors. The process has various legal elements that must be taken care of, many of which are your responsibility.
The first of these is just as important as getting planning permission to build a new structure. In the same way, you must first ensure you have permission in place for demolition.
This is an issue that has been very prominent in the news over the past few months after the Crooked House scandal. The famous ‘wonky’ pub in the West Midlands was sold by brewery Marstons and, just after it was bought, burned down in an incident for which several people were arrested on suspicion of arson, before being demolished without permission.
Following a long campaign from grass-roots supporters and local politicians, South Staffordshire District Council has just served an enforcement notice on the owners to rebuild the pub exactly as it was.
This is not the first time such an order has been imposed after a pub was demolished – the Carlton Tavern in Westminster reopened in 2021 after being illegally demolished in 2015 and subjected to a brick-by-brick rebuilding order – but no instance has been as famous as this.
However, the law is not just there to stop closed pubs being flattened without permission. That same will apply to any building, with extra protections in place if it is a listed building.
Nonetheless, it looks clear that sharp practice such as a convenient fire to help ensure a building is removed is not something that will happen so readily in the future, not least as the Crooked House case has sparked efforts to tighten the law, especially in respect of pubs, since their declining numbers mean they are common targets for a change of use.
Having permission in place is only the first step. The next is to hire an accredited demolition firm with the right equipment and safety tools to do the job (The National Federation of Demolition Contractors condemned the way the Crooked House was demolished with “no regard for the safety of local people or those employed to bring it down”.)
By contrast, a reputable and legally compliant demolition firm will abide by the various provisions of the 1974 Health and Safety at Work Act, which will cover not only the safety of those working on the site (PPE will be required, for example, to avoid inhaling dust), as well as that of any members of the public close to the site.
The latter may mean setting barriers at a safe distance to stop anyone from getting too close, while further mitigations could be put in place to prevent exposure to dust and debris, some of which may depend on the scale and nature of the demolition; people need to stand a long way back in the most spectacular cases, where explosives are used.
Safety concerns are the responsibility of the demolition company, but it is also incumbent on whoever hires them to make sure they are contracting a company that will be legally compliant.
Provided you and the demolition firm have observed all the legal requirements, you can be assured all will be well.
