urgent safety works
📖 What is urgent safety works? Meaning and definition
Urgent safety works refer to repairs that are considered immediately necessary to make a building safe, typically due to risks such as structural instability or other health and safety concerns. These works are often undertaken to prevent a local authority from serving a dangerous structure notice or carrying out the necessary repairs themselves. The urgency of these works can lead to a legal process where consultation requirements with leaseholders are dispensed with, meaning the usual formal consultation steps might be bypassed.
When dispensation is granted, it acknowledges the critical need to proceed with the works quickly. While leaseholders may raise objections, particularly regarding the choice of contractor or the cost, these objections are balanced against the urgent need to ensure the building's safety. The First-tier Tribunal often considers whether leaseholders would suffer prejudice if dispensation were granted without a full consultation.
In practice, if the works are genuinely urgent and necessary for safety, the Tribunal is likely to grant dispensation. However, leaseholders still retain rights, such as applying for a determination under section 27A regarding the reasonableness of the costs incurred, even if the consultation process was bypassed due to urgency. The focus remains on making the building safe while attempting to address leaseholder concerns where possible.
📋 Requirements
- The works must be urgently needed to make the building safe.
- There must be a risk of danger, such as a wall in a dangerous condition due to risk of collapse.
- The local authority may be prepared to serve a dangerous structure notice or carry out works if the danger is not removed.
- The Tribunal must be satisfied that granting dispensation for consultation would not cause prejudice to leaseholders, or that any prejudice is outweighed by the urgency.
📝 Procedure
- An application is made to the First-tier Tribunal for dispensation from consultation requirements.
- The Tribunal considers whether the works are urgent and necessary for health and safety grounds.
- The Tribunal balances any objections from leaseholders against the urgent need to carry out the works.
- If satisfied, the Tribunal grants dispensation, allowing the urgent safety works to proceed without full consultation.
- Leaseholders may still apply for a determination under section 27A regarding the cost of the works.
💡 Examples
- A landlord applies for dispensation to urgently replace cladding on a building due to fire safety concerns, even though no contract has been signed yet.
- A building owner seeks permission to carry out immediate repairs to a dangerous wall at a property to prevent its collapse, as advised by a structural engineer.
- A property management company obtains dispensation to fix a structural issue that poses a risk to residents, after being notified by the local authority about potential enforcement action.
- Leaseholders are consulted about proposed urgent works, and although they object to the chosen contractor, the Tribunal grants dispensation due to the immediate safety risk.
📚 Legal basis
- section 20ZA
- section 27A
❓ Frequently asked questions
What does 'dispensation' mean in the context of urgent safety works?
Dispensation means that the usual legal requirements for consulting leaseholders about major works are set aside. This allows urgent safety works to proceed quickly without delay, as the standard consultation process can be lengthy.
Can leaseholders object to urgent safety works?
Yes, leaseholders can object. Their objections are considered by the Tribunal, particularly regarding potential prejudice if consultation is bypassed, or concerns about the choice of contractor or cost. However, these objections are balanced against the critical need for safety.
What happens if a local authority issues a dangerous structure notice?
If a local authority issues a dangerous structure notice, it indicates that a property is unsafe. This often prompts an application for dispensation for urgent safety works to remove the danger, as the authority may otherwise carry out the works themselves and charge the property owner.
Do leaseholders have to pay for urgent safety works if consultation was dispensed with?
Generally, yes, if the lease allows for it. However, even if consultation was bypassed due to urgency, leaseholders can still challenge the reasonableness of the costs incurred by applying for a determination under section 27A.
How quickly must urgent safety works be carried out?
The very nature of 'urgent' works implies they need to be done without undue delay to address immediate safety risks. The Tribunal grants dispensation specifically to facilitate a swift commencement of these necessary repairs.
What if I believe the works are not truly urgent?
If you believe the works are not genuinely urgent, you can raise this objection with the First-tier Tribunal when an application for dispensation is made. The Tribunal will assess the evidence presented regarding the necessity and urgency of the works.