How the council enforces repairs

Your council has a number of powers it can use to enforce repairs. However, not every council has the resources to do so. This can stop a council from taking the action both you and they would want.

Even though your council may not have the resources to enforce repairs, you should not let this stop you approaching them for help as staff can be a useful source of advice and can help to mediate a problem.

The powers available to your council are:

Work Notices

This notice is used to protect the building fabric and for work which is necessary to bring or keep a house up to a reasonable state of repair.

Missing Shares

Councils have the power to pay ‘Missing Shares’ where a minority of owners do not pay their share of common repairs.

Repairing Standards for private landlords

Designed primarily to help tenants, this order may also be useful in getting landlords to deal with common repairs. It can only be served by your local council and only used with private landlords.

Maintenance Orders

Maintenance Orders are often used as a follow up to other notices to avoid future repair problems.

Nuisance/Abatement Notice

A problem with common repairs can become an official public health ‘nuisance’. An official ‘nuisance’ is something that affects people and must be ‘abated’. The health of the building cannot be used as a reason to serve a public health notice. These notices are normally served by Environmental Health Officers.

Closing Orders

These orders are used when a flat is in such a poor state of repair that it becomes unfit for human habitation.

Disrepair/defective building notice

This order is designed to protect the building fabric and bring the building into a reasonable state of repair, having regard to its age, type, and location.

Disrepair requiring immediate action

This is used when there are urgent building fabric issues and to prevent damage to a property.

Power to obtain information

The council can use this notice to get the information they need about property ownership.

Maintenance of land or buildings

Council Planning Departments have powers to deal with property conditions which affect the amenity of an area.

Further information
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