Commercial property - empty pubs

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Hello Katy, 

 

I think the housing Act 2004 MAY apply, as the pub could be seen as a building containing one or more flats. 

 

“flat” means a separate set of premises (whether or not on the same floor)—

(a)

which forms part of a building,

(b)

which is constructed or adapted for use for the purposes of a dwelling, and

(c)

either the whole or a material part of which lies above or below some other part of the building;

 

You have the power to inspect under S239 to see whether any parts of the Act would apply. For example an EDMO. Or Part 1 Notice? You don't know if there is any residential component so it seems right to gain access to understanding whether any duties apply there. There may be Cat 1 hazards arising in the residential component ( if there is one, after inspection) and a Part 1 action may be required. You may wish to consider EDMO action! (Not that this will enable a community use  in the way the group may like) But you can only do this if you are certain that there is a dwelling there! It might be interesting to see the response you get to your request to inspect! 

In regards to waste on land and presentation issues, I would be minded to consider S215s and Community Protection Notices.  

You could also consider section 172 of the Housing and Planning act 2016, the right to enter land to survey it for the potential purposes of CP 

Lyndsey