Enforced Sale - Building Act 1974 S77 notice

Can you Enforce the Sale of a property that has a debt accrued on it following works in default  for non compliance of a s77 notice ?

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Enforced Sale

I assume you mean Building Act 1984 and yes you can. S107 of that statute is the relevant bit...

Helen

Short answer -  yes.

Any debt created under the Building Act 1984 is viable to recover via an enforced sale.

Section 107 Building Act 1984 would be the relevant section to have regard to

107 Recovery of expenses etc

(1) Where a local authority have incurred expenses for whose repayment the owner of the premises in respect of which the expenses were incurred is liable, either under this Act or by agreement with the authority, those expenses, together with interest from the date of service of a demand for the expenses, may be recovered by the authority—

(a) from the person who is the owner of the premises at the date on which the works are completed, or

(b) if he has ceased to be the owner of the premises before the date on which a demand for the expenses is served, either from him or from the person who is the owner at the date on which the demand is served,

and, as from the date of the completion of the works, the expenses and interest accrued due thereon are, until recovered, a charge on the premises and on all estates and interests in them.

(2) A local authority, for the purpose of enforcing a charge under subsection (1) above, have all the same powers and remedies under the Law of Property Act 1925 and otherwise as if they were mortgagees by deed having powers of sale and lease, or accepting surrenders of leases and appointing a receiver.

 

Regards

Andrew Lavender

Housing Training and Consultancy