Empty properties in Bury
Do you own an empty business property?
Make sure your property is safe
Factsheet number 46e
Advice to owners of empty business
property
Did you know that we (Bury Council and
the Fire Service) can take action if your
empty property becomes a problem?
Follow our safety advice on empty
business properties.
A summary of laws available to Bury
Council and Greater Manchester Fire &
Rescue Service
Make sure you:
tell your insurer when the property becomes
empty;
fully secure your property;
board up windows and other openings;
remove valuable items;
arrange to have gas and water services
disconnected;
More information
remove all waste to discourage fly-tipping;
maintain and monitor electric alarm systems;
To report a problem about a building,
contact our Customer Contact Team.
prevent noise nuisance by having someone
who keeps an alarm key (a keyholder) and
will go to the property if the alarm goes off;
Visit or write to:
tell the police and Bury Council’s
Environmental Health Service that the
property is empty;
Bury Council
Town Hall
Knowsley Street
Bury
BL9 0SW.
Phone: 0161 253 5353
E-mail: [email protected]
Website: www.bury.gov.uk/reportaproblem
For more advice contact Greater
Manchester Fire & Rescue Service
Phone: 0161 253 6459 or 0161 909 0327
visit the property regularly to check it is safe;
check that toilets and drains are sealed to
prevent rat infestation; and
are aware of your responsibilities under the
Occupiers Liability Act, particularly if you
allow contractors and others to enter your
premises.
Preventing danger and nuisance to the public
See the next page for information on the
laws and powers we have to make sure you
take care of your property.
BURY COUNCIL
Empty properties in Bury
A summary of the law related to empty property available to Bury Council
and Greater Manchester Fire & Rescue
(The information in this leaflet 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.)
BURY COUNCIL