CROSS Safety Report
Responsibilities of local authorities for possibly dangerous structures
This report is over 2 years old
Overview
A reporter, who used to be involved with building control, believes that local authorities have a duty to decide if a danger exists when a member of the public draws their attention to a potentially dangerous situation.
Key Learning Outcomes
For all built environment professionals:
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If you notice a potential safety issue not during the course of your work, consider reporting it to the owner or tenant
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If the owner is not known, then the appropriate regulator could be informed
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Local authorities also have powers to take action if there is a potential imminent risk to the public
Full Report
Find out more about the Full Report
The Full Report below has been submitted to CROSS and describes the reporter’s experience. The text has been edited for clarity and to ensure anonymity and confidentiality by removing any identifiable details. If you would like to know more about our secure reporting process or submit a report yourself, please visit the reporting to CROSS-UK page.
A reporter, who used to be involved with building control, believes that local authorities have a duty to decide if a danger exists when a member of the public draws their attention to a potentially dangerous situation. The public should not be expected to be experts in assessing if a structure is dangerous or deciding what should be done, however the reporter is unsure to what extent local authorities have legal powers/duties to address any danger.
For example, do such powers/duties extend to free standing or retaining walls? The reporter also recalls a situation when a very experienced chartered structural engineer who observed the construction of the frame of a building and was convinced, together with some fellow engineers, that it was unsatisfactory. They contacted building control and they were told that the project had been checked by an approved inspector so the local authority was satisfied that all was OK.
This did not satisfy the concerned engineer but what else could they do? The reporter acknowledges that this is a complex subject but wants more informative guidance to be made in, say, The Structural Engineer. (2) 23 January 2007 – Questioning the responsibilities of an engineer, Dr Bill Harvey (F) What do you do as an engineer when you see dangerous example of poor construction, around you? Views on the above will be welcomed.
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Feedback
I have applied what I was told by an experienced engineer many years ago (and have since passed on to juniors); if you ever see something about which you have safety concerns you must write it down and must send it to someone whom you believe may have responsibility / be able to help. Re report 304 Partial collapse of suspended ceiling - I believe a bigger issue for the other cited cases (Boston Big Dig & Sasago Tunnel) is that of management of progressive (or "cascade") collapse mechanisms. They are usually entirely foreseeable and thus a responsibility (& liability?) for the Designer, and just an extension of the principle of redundancy & alternate load paths. A simple measure to at least contain the scope of such a failure could be to introduce discontinuities along a structure - to act as a "structural fuse" one might say. Some widespread design review & checking of existing structures might be called for.
The statement/question in this report "A related question is whether a chartered engineer has an obligation or duty to act if he/she sees something that is, in their opinion, manifestly unsafe? The answer will depend upon legal circumstances, Institution codes of conduct, and ethical considerations. Views on this too will be welcome." Well this is my view - Once you have decided that there is something to say then do something about it quickly ! Don't sit and think about what to do --just do it. It is no good bleating afterwards that 'I knew there was something wrong' - an engineer is part of society and his knowledge is important in that society. What is so called 'correct procedure' or 'PC' is rubbish thinking in my mind -- just think about common sense and the folk who are involved in the problem that YOU see - it does not matter who has checked it or it has a certificate - just get involved and be PERSISTENT in a polite way. Remember --- that you are not finding fault with anyone -- that's not your responsibility - you are making sure that what you see wrong is put right --that is your responsibility - without any doubt.
Expert Panel Comments
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Local authorities have a duty in relation to dangerous structures (either under the Building Act 1984 or London Building Acts (Amendment) Act 1939). This applies to ‘a building or structure, or part of building or structure’ and so retaining walls and the like should also be covered. Sometimes these structures are also covered by other legislation, such as that for highways or railways.
Dangerous structures legislation does not apply to the control of building work, unless the work is imminently dangerous and affects the general public, such as being over a public highway. Whether a building is unsatisfactory or not is a matter for the building control body and in this instance the approved inspector was responsible.
Dangerous conditions wholly within the construction site are controlled by the Health and Safety Executive (HSE), and the reporter could have referred the matter to them. Papers on the subject have been published in The Structural Engineer:
Questioning the responsibilities of an engineer, Bill Harvey, January 2007
Dangerous structures and buildings, Martin Ashmead, March 2009.
A related question is whether a chartered engineer has an obligation or duty to act if he/she sees something that is, in their opinion, manifestly unsafe? The answer will depend upon legal circumstances, Institution codes of conduct, and ethical considerations. Views on this too will be welcome.