Demolition of buildings – planning controls

The planning rules for demolition of buildings are notoriously difficult to navigate. It doesn’t help that the rules are not consistent throughout the UK.

The issues are whether planning permission or another planning consent is required; if not, whether notice must be given to the planning authority.

Reasons for demolition

Often demolition is included within a planning application for redevelopment of a site. The owner may be unwilling to pay the cost of demolition until there is planning permission for redevelopment, especially if the building is occupied and earning money.

Vacant or derelict buildings might be demolished for health and safety or security reasons, or to avoid financial liabilities such as paying rates.

Requirement for planning consent - Scotland

(Note: a building warrant is generally required from the local authority for demolition works).

In Scotland, consent from the planning authority is only required for demolition of:

a listed building (listed building consent)
a building in a conservation area (conservation area consent)
a building which has been rendered unsafe or uninhabitable by the action or inaction of any person having an interest in the land on which the building stands, and it is practicable to secure safety or health by repair works or works for affording temporary support (planning permission)
if environmental impact assessment (EIA) is required (planning permission) – but even substantial developments, eg. demolition of 4 tower blocks, might not require EIA

If listed building and / or conservation area consent is required, the statutory provisions state that demolition works are only authorised if 3 months notice is given to Historic Environment Scotland and reasonable access provided to them for recording; also, a condition can be imposed preventing demolition until the planning authority is satisfied that the site will be redeveloped in accordance with a current planning permission and / or that contracts have been placed for redevelopment of the site or for its conversion to an acceptable open space.

Notice to planning authority - Scotland

If consent is not required, there are still circumstances where notice must be given to the planning authority:

where demolition is urgently necessary in the interests of safety / health, written justification for the demolition must be given to the planning authority as soon as reasonably practicable.
where the building to be demolished is a residential property, or a building immediately adjacent to a residential property (check the statutory definition of "qualifying building" for full details). In that situation, an application must be submitted to the planning authority for a determination of whether their prior approval is required. That prior approval is restricted to the method of demolition and any proposed site restoration. The Council have 28 days to determine the application.

No requirement for planning consent or notice to planning authority

If there is no requirement for planning consent or notice to the planning authority, then demolition can proceed once the building warrant has been obtained.

Differences in England

In England, the rules are more restrictive:

planning permission is required for demolition of drinking establishments, cultural venues, statues/ memorials in place for at least 10 years, and buildings in conservation areas (instead of conservation area consent)
a site notice is required for 21 days
prior approval is required for all demolition
there is a separate permitted development class ZA demolition of buildings and construction of new dwellinghouses in their place.