Do you own an empty business property?
Did you know that we (Bury Council and the Fire Service) can take action if your empty property becomes a problem?
A summary of laws available to Bury Council and Greater Manchester Fire and Rescue Service
(The information on this page is only a summary and it does not cover every situation.)
Environmental Services abatement notice
Section 80 Environmental Protection Act 1990 - We can serve this notice on you if your property could cause someone health problems or create a nuisance, for example dampness, smoke nuisance, smells, noise or a build up of rubbish. The notice will tell you to deal with the nuisance and, in most cases, will say what action you need to take. If you do not keep to the notice we can carry out work and you will have to pay the costs, including charges for administration and officer time. These costs are land chargeable. This means that if you do not pay the costs, the charge is set against the property and becomes a land charge. If the owner of the property changes, you will have to pay the charge. We can also take you to the magistrates' court if you do not follow the notice. You can appeal against the notice within 21 days.
Notice to prevent unauthorised people entering a property or dangers to public health from an empty property - Section 29 Local Government Miscellaneous Provisions Act 1982
We can act urgently, without notice, and arrange to make a property secure if it is not already. We will then contact you and you have 21 days to appeal. You must pay any costs of securing the property, including charges for administration and officer time. This means that if you do not pay the costs, the charge is set against the property and becomes a land charge. If the owner of the property changes, you will have to pay the charge.
Prevention of Damage by Pests Act 1949
If you own land, we can serve a notice on you to treat areas where there are a large number of rats or mice. We can arrange for the treatment but you will have to pay the costs.
Controlling buildings that are damaged and falling down - Section 79 Building Act 1984
We can serve a notice on you to carry out repairs, restore or knock down a property and remove rubbish. You have 21 days to appeal. If you do not keep to the notice, we can arrange to carry out the work and you will have to pay the costs and a 20% administration charge. We may also take you to the magistrates' court. If you do not pay the costs, the charge is set against the property and becomes a land charge. If the owner of the property changes, you will have to pay the charge.
Dangerous buildings - Section 77 and 78 Building Act 1984
We may arrange to carry out work to immediately remove any dangers, and you will have to pay the costs. In situations that are less urgent, we may apply for an order from the magistrates' court for you to remove the danger. You will have to pay our costs and we can take you to court if you do not follow the order. If you do not pay the costs, the charge is set against the property and becomes a land charge. If the owner of the property changes, you will have to pay the charge.
Untidy land and property that makes the area look unattractive - Section 215 Town and Country Planning Act 1990
This gives us more power to achieve a long-term solution for derelict properties, sites and areas of untidy land which become an eyesore. A notice may mean you have to carry out detailed work such as repairing or demolishing structures and cleaning the site or untidy land. You may also have to secure the site or land by building a wall or putting up a fence. The notice will tell you what work you will need to carry out. The process involves getting information on the land and planning permission. We can carry out work and take you to court if you do not follow the notice, and you will have to pay our costs. If you do not pay the costs, the charge is set against the property and becomes a land charge. If the owner of the property changes, you will have to pay the charge. You can appeal against the notice within 28 days.
Greater Manchester Fire & Rescue Service Regulatory Reform (Fire Safety) Order 2005
This is only relevant if there are people legally on the premises or very close to the surrounding area who are at risk from fire. These are usually people living in the property or employees. The Fire Service may make recommendations to make the property safer, for example fitting steel shutters to all exits and entrances on the ground floor. There is no penalty for not keeping to the recommendations, but the Fire Service may prosecute you if someone dies or is injured in the property as a result of a fire. (This includes homeless people who are in the property and who have not had to force their way in.)