[Building Surveying Case Study] Court Orders Demolition of Unauthorized Six-Storey Building in UK
In a recent court case that unfolded in the Birmingham High Court, the judge has issued a groundbreaking order mandating the demolition of a six-storey apartment building in the town center of Job’s Yard, Kettering, Northamptonshire, UK. The contentious construction, spearheaded by Michigan Construction Ltd, began as a permitted four-storey development but expanded without authorization to a perilous six-storey structure, leading to a stop notice from the North Northamptonshire Council (NNC).
Chronology of Events:
Michigan Construction Company initially secured approval in 2019 to construct a four-storey apartment building in Northamptonshire. However, its subsequent unauthorized construction of an additional floor prompted the NNC to issue a stop-work notice, citing clear violations of planning and building regulations. Undeterred, Michigan Construction Ltd appealed the decision, continuing construction and adding a sixth floor.
Court Decision:
After a three-day trial concluding on November 21, 2023, the Birmingham High Court ruled in favor of the NNC, ordering the complete demolition of the building. The court emphasized the dangerous condition of the structure, posing severe risks to occupants and nearby areas. Judge Sarah Watson granted an injunction sought by the local council, compelling the total dismantling of the six-storey apartment block due to its deemed “serious risk.”
Demolition Order and Deadline:
The court instructed that the demolition must be executed by a specialized contractor hired and financed by the developer, Michigan Construction Ltd. The deadline for completion is set for February 28, 2024, ensuring the swift removal of the hazardous structure.
Structural Issues and Expert Testimony:
During the trial, David Smith, a structural engineer from David Associates, presented evidence revealing foundational shortcomings, indicating a heightened risk of collapse due to insufficient excavation. The construction was found to have been built with the wrong type of blocks, further exacerbating its structural integrity.
Excuses For the Additional Floors:
Despite the court’s order to demolish the top two floors, Michigan Construction Ltd’s director and chief builder, Marcus Fielding, persisted in adding the fifth and sixth storeys. Fielding, during the hearing, justified his actions by claiming residence in the flats and a need for a roof. He added windows purchased before the court’s ruling, insisting they were acquired prior to the stop notice.
Legal Framework:
The court proceedings invoked the UK Building Act 1984, specifically Section 35C, which empowers building control authorities to issue stop notices if there is a breach of building regulations, posing a risk of serious harm. Section 36 grants authorities the right to require the removal or alteration of offending work. This case probably relies on Section 36(6) that allows the council to apply for an injunction to remove the unauthorized building works:
UK Building Act 1984 —
s.35C Stop notices
(1) The building control authority may give a stop notice to a person appearing to the authority to be in control of any work if it appears to the authority that —
(c) the work contravenes a provision of building regulations or a requirement imposed by virtue of such a provision, and the risk of serious harm condition is met.
(2) For the purposes of subsection (1)© the “risk of serious harm condition” is that use of the building in question without the contravention having been remedied would be likely to present a risk of serious harm to people in or about the building.
s. 36 Removal or alteration of offending work.
(1) If any work to which building regulations are applicable contravenes any of those regulations [F188or a requirement imposed by virtue of any of those regulations], the [F189local authority] [F189building control authority], without prejudice to their right to take proceedings for a fine in respect of the contravention, may by notice require the owner —
(a) to pull down or remove the work, or
(b) if he so elects, to effect such alterations in it as may be necessary to make it comply with the regulations.
— —
(6) This section [F198does] [F198, and sections 35B and 35C, do] not affect the right of a [F199local authority] [F199building control authority], the Attorney General [F200, the Counsel General to the Welsh Government] or any other person to apply for an injunction for the removal or alteration of any work on the ground that it contravenes any regulation or any provision of this Act; …
References
Bagley, A. (2023) Notorious high-rise Kettering flats to be razed to the ground after ‘baffled’ judge says they have ‘very serious defects’. Northants Telegraph, November 17. https://www.northantstelegraph.co.uk/news/people/notorious-high-rise-kettering-flats-to-be-razed-to-the-ground-after-baffled-judge-says-they-have-very-serious-defects-4414284
Lorimer, K. (2023) Court Orders Total Demolition of Controversial Block. Construction News, November 23. https://www.constructionnews.co.uk/buildings/court-orders-total-demolition-of-controversial-block-23-11-2023/#:~:text=A%20court%20has%20ordered%20the,breaches%20planning%20and%20building%20regulations.
UK Legislation (2023) Building Act 1984, Legislation, UK Government. https://www.legislation.gov.uk/ukpga/1984/55
