Section 80 demolition notices: who serves one, when, and what happens next

What a Section 80 demolition notice actually is

On a wet Tuesday, you get handed keys to a tired site and told to clear the lot. Before the machine even coughs into life, you need to deal with one bit of law that trips people up. A Section 80 demolition notice is the formal notice you give the local authority when you plan to demolish a building or a substantial part of one, required by the Building Act 1984 section 80. It is not optional, and starting before you have either waited the time or had a reply can land you in bother.

Who serves it is simple. The duty sits with the person who intends to carry out the demolition, which in practice is the building owner or the contractor they have engaged, under the Building Act 1984 section 80. Councils often provide a standard form, but the legal duty exists whether or not you use their template. If you are the one planning to pull it down, it is on you to make sure the notice is in.

If you want a simple structure for your method and controls, the Demolition RAMS Template UK sets out the typical risks and sequence you will be asked about.

When you need to serve one, and the small-building exemptions

Most demolitions need a Section 80 demolition notice. There are exemptions written into the Act, including some small buildings and certain other categories, but do not assume that a shed or lean-to is off the hook without checking. The legal source for any exemption is the Building Act 1984 section 80, so if you are planning to rely on an exemption, read the wording or get the council’s view in writing. In our experience, the myth that internal soft strip is always exempt has caught more than one job out.

Timescale wise, the clock starts when the local authority receives your notice. You cannot lawfully start the demolition until either you have their requirements in a Section 81 counter-notice or 6 weeks have elapsed from the date of service, as provided by the Building Act 1984 sections 80 and 81. That 6 week window is there for them to look at safety, adjoining buildings, public footways and services. If they reply sooner with a counter-notice, you can often start sooner, so long as you comply with the conditions they set.

For the asbestos piece, see R&D asbestos surveys: when demolition work legally needs one if you are scoping intrusive surveys before stripout.

What to include in a good Section 80 notice

Councils like detail that shows you have thought the job through. The Building Act 1984 section 80 requires the notice to be served before demolition, and standard practice is to include a clear description of the structure, site address with plan, your intended start date, and contact details for the person in control of the works. Add a short method outline, how you will protect the public, and how your waste and arisings will be managed. If there are adjoining occupiers, name them. If the building ties into a party wall, flag that early.

Utilities are a big part of it. Spell out the status of electric, gas, water and telecoms, and who you have contacted at each undertaker. Councils commonly use their Section 81 counter-notice to require disconnection and capping off, hoardings, and making good of drains, all of which are within their powers under the Building Act 1984 section 81. If you have bookings in for meter removals or disconnections, put the dates in black and white. There is nothing worse than a 360 sat idle because the service head is still live.

Include your site controls. Hours of work, dust and noise controls, how you will damp down, where the wagons will stand without blocking pedestrians, and how you will prevent debris escaping the boundary. For asbestos, demolition needs the right survey before you disturb fabric. See our plain guide at R&D asbestos surveys: when demolition work legally needs one, which ties directly to the Control of Asbestos Regulations 2012 as enforced by HSE.

Use the Demolition RAMS Checklist to sanity check your controls against what Building Control usually looks for on small demo jobs.

What a Section 81 counter-notice can require

Once your notice lands, the council can respond with a Section 81 counter-notice. It sets conditions to make the demolition safe for neighbours and the public, under the Building Act 1984 section 81. Expect requirements about hoardings or fencing, shoring and weatherproofing of adjoining structures, protection to footways and highways, disconnection and sealing of drains, capping or removing services, and clearing arisings. Some councils also set working hours, dust suppression and wheel washing in that same document.

Costs and responsibilities stay with the person doing the demolition. If you are required to shore a neighbour’s gable, you organise and pay for it. If a sewer needs sealing and making good, you do the work and any permits with the water company. The Section 81 notice is not a shopping list from the council’s budget, it is a set of conditions you must meet to start and to carry on. In practice an early site meeting with Building Control smooths a lot of this. Take drawings, take your method, and walk the boundary together.

Section 80 vs F10: two notices people mix up

Section 80 is a notification to your local authority about demolition. An F10 is a separate notification to HSE under the Construction (Design and Management) Regulations 2015, and only applies if the project is notifiable under CDM 2015 regulation 6. A project is notifiable if it is scheduled to last longer than 30 working days and have more than 20 workers on site at the same time, or if it exceeds 500 person days, which is the legal test in CDM 2015 regulation 6. Plenty of small demolition jobs need a Section 80 but do not trigger an F10.

The two processes run in parallel when both apply. The client has duties under CDM 2015, and the Principal Contractor files the F10 in most cases. The person intending to demolish serves the Section 80. They go to different bodies, have different triggers and get different responses. One is about local safety, protection and services. The other is about the project being notifiable to the regulator. If you are unsure whether your project is notifiable, use a simple F10 checker tool before you even load the breakers on the van.

Utilities, neighbours, highways and the order of operations

The smoothest demo jobs follow a tight order. Serve Section 80, book your site meeting, and line up utilities in the same week. Most counter-notices will require utilities to be made safe before you touch the structure, which is consistent with the Building Act 1984 section 81. Electric meters and heads removed, gas capped outside the boundary where possible, water isolated and any old lead lines identified. If you need a temporary builders’ supply, plan it so you are not tempted to work off a live service that should be gone.

Drains and sewers need attention. Cap and seal redundant connections, maintain any still in use, and make good the surface after removal. Many councils ask for a rodent treatment before you strip roofs and ceilings, because rats will move when you disturb them. If your boundary sits tight to a public footway, factor in a licence for scaffolds or hoardings and a traffic management plan. The Section 81 notice can require hoardings and pedestrian protections, and you may still need a separate highways approval to site them on the pavement.

Neighbours come next. If your demo affects a party wall or shared structure, the Party Wall etc. Act 1996 may apply alongside your Section 80. That is a separate legal route and you cannot use a Section 80 to bypass it. Keep noise and dust conversations human. Tell neighbours the dates you will be noisiest, keep water on the dust, and stop the radio blasting. A polite heads-up on a Friday goes a long way when the breaker starts on Monday morning.

What happens after you serve it, and how to keep moving

After you serve the Section 80, the council might do a site visit or handle it from the desk. Expect a Section 81 counter-notice within the 6 weeks or, if they are happy and quick, sooner. If nothing lands within 6 weeks, the law allows you to proceed, provided you served the notice properly and you comply with all other laws, under the Building Act 1984 sections 80 and 81. Keep a clean paper trail. Record the date and method you served it, and save the council’s acknowledgement.

If you get conditions, build your method around them. Example. A two-storey brick building next to a narrow footway. They want a close-boarded 2.4 metre hoarding, a scaffold fan over the footpath, services capped at the boundary, drains sealed, and the neighbour’s gable weatherproofed before the roof comes off. That is fair. You re-sequence, bring the scaffolder in early, and book the gable flashing for the same week you strip. The work flows instead of fighting the paperwork.

Many authorities charge an admin fee for processing Section 80 notices. Budget for it, and check their website for current forms and any local wrinkles. When the building is down, clear arisings and make the site safe. Some councils will want a quick confirmation that you have met any making-good conditions from the Section 81. A five minute call and a couple of photos beats a return visit on a Friday afternoon when the lads are waiting on the gate.

Questions we get asked

Do I need a Section 80 demolition notice for a small outbuilding?

Sometimes not, because the Building Act 1984 section 80 contains exemptions for some small buildings and other categories. Do not assume yours is exempt without checking the wording of the Act or asking the local authority. If in doubt, serve the notice and let the council tell you if they consider it exempt.

Who actually serves the Section 80 notice, the client or the contractor?

The person intending to carry out the demolition serves it, which in practice is the building owner or the contractor they instruct, under the Building Act 1984 section 80. Agree who will do it at pre-start and document it, so it is not missed while everyone is arguing about skip sizes.

How long after serving can I start demolition?

You can start once you have received a Section 81 counter-notice from the council or 6 weeks have passed from service if no counter-notice arrives, as allowed by the Building Act 1984 sections 80 and 81. Ensure utilities are made safe and any other legal duties are met before you start.

Is a Section 80 the same as an F10 CDM notification?

No. Section 80 is a notice to the local authority about demolition under the Building Act 1984. An F10 is a notification to HSE if the project is notifiable under CDM 2015 regulation 6. You may need one, the other, or both, depending on the job.

What will the council usually require in the counter-notice?

Typical Section 81 requirements include hoardings or fencing, shoring and weatherproofing of adjoining structures, disconnection of services, sealing drains and clearing arisings, under the Building Act 1984 section 81. Many also set working hours, dust suppression and wheel washing to protect neighbours and the highway.

Do I need planning permission as well as a Section 80?

Planning is separate. Some demolitions need prior approval or consent under planning rules, which runs alongside Section 80. Check with the planning department early. The Building Act 1984 section 80 does not replace any planning requirement.

The short version

A Section 80 demolition notice is the legal heads-up to your local authority before you take down a building, required by the Building Act 1984 section 80. You serve it before starting, then wait for a Section 81 counter-notice or for 6 weeks to pass.

The council can set conditions under the Building Act 1984 section 81, such as hoardings, shoring, utility disconnections and drain works. Section 80 is different from an F10 under CDM 2015 regulation 6. Get utilities, asbestos, neighbours and highways lined up while the clock runs.

Keep your method and RAMS aligned to any Section 81 requirements, and the job will flow instead of stalling at the front gate.