What Should I Do If The Council Wants To Demolish My House?

If you receive notice from the local council stating that they want to demolish your house, it can be a challenging and stressful experience. In this article, we will provide you with the necessary information and steps you need to take if your home is facing demolition by the local council.

What Should I Do If The Council Wants To Demolish My House?

Before taking any action, it is essential to understand the reasons behind the council’s decision to demolish your house. The council can only seek demolition if your property poses a risk to public safety or health. If your home is in a state of disrepair or poses a danger to others, the council has a duty to ensure that the situation is resolved.

However, if you think that such is not the case, you have the following options to consider:

• Get Legal Advice: Facing demolition can be a complicated and stressful process, and it is essential to seek legal advice from a professional solicitor who specializes in this field. Your solicitor will be able to advise you on the legal options available to you, including your right to challenge the decision and the process involved.

• Challenge the Demolition Order: If you believe that the decision to demolish your home is wrong or unjustified, you have the right to challenge the demolition order. You can challenge the order by appealing to the planning inspectorate, which is an independent body that deals with planning-related matters. However, you need to act fast, as there is a limited time frame to appeal the decision.

• Seek Alternative Solutions: In some cases, the council may offer alternative solutions to demolition, such as refurbishment or repair of your property. It is essential to engage with the council and explore all available options to avoid demolition. You can also seek the assistance of housing associations or charities that offer support to individuals facing housing difficulties.

• Prepare for the Demolition: If all efforts to challenge the demolition order fail, it is essential to prepare for the demolition process. You will need to make arrangements to vacate the property, including removing all your belongings and finding alternative accommodation. It is also crucial to seek compensation for the loss of your property and any associated costs, such as legal fees and moving expenses.

Can I Appeal Against The Council’s Decision To Demolish My House?

If you receive a notice from the local council stating that they want to demolish your house and you disagree with their decision, you have the right to appeal against the demolition order. Here are the steps you can take to challenge the council’s decision:

• First, you must review the reasons provided by the council for the demolition order. Understand the legal basis and evidence used to support the decision.
• Then, you should seek legal advice from a solicitor who specialises in this field. Your solicitor will advise you on the legal options available to you, including your right to challenge the decision and the process involved.
• Next, you must gather evidence to support your case. This may include reports from independent surveyors, engineers, or other experts who can demonstrate that your property can be repaired or refurbished instead of being demolished.
• Finally, you should submit an appeal to the Planning Inspectorate, which is an independent body that deals with planning-related matters. You must submit your appeal within 28 days of receiving the demolition order.

Can I Get Compensation If The Council Wants To Demolish My House?

If the local council demolishes your house, they may be required to pay you compensation, depending on the circumstances of the case. Compensation may include any additional costs incurred as a result of the demolition and any financial losses suffered as a result of being forced to vacate your property.

The amount of compensation you receive will depend on several factors, including the value of your property, the condition of your property before demolition, and any costs incurred as a result of the demolition.

Councils usually pay compensations for demolitions under Home Loss Payment. This is a statutory payment designed to help homeowners who are forced to sell their property due to a compulsory purchase order or demolition order.

To be eligible for a Home Loss Payment, you must have lived in the property as your main residence for at least one year before the demolition order was made. The amount of the payment is set by law and is currently £7,800 for tenants. 

If you are an owner-occupier, you can expect to get 10% of the market value of your property as Home Loss compensation. The compensation amount, in this case, can be anywhere between £7,800 and £78,000. 

It is important to note that the council is not obligated to pay compensation in every case. For example, if the council demolished your house due to a breach of planning laws or regulations, you may not be entitled to compensation.

Conclusion:

Demolition of your home by the local council can be a challenging and stressful experience. However, it is essential to understand the reasons behind the decision, seek legal advice, challenge the order if necessary, and explore all available options to avoid demolition. If all efforts fail, prepare for the demolition process and seek compensation.

References:

If the council forces you to repair or demolish your home – Shelter Scotland

Eviction if you get a compulsory purchase order or demolition notice – Shelter Scotland

Moving you from your council home due to major work or emergencies

Shelter Legal England – Compensation for people displaced from their home