Comment: Challenging Edinburgh Statutory Notice Debt

Paul McIntosh, Associate, comments on challenges to the validity of Statutory Notices.

Due to well publicised events in recent years, a number of people who live in the Edinburgh area are challenging demands for payment of works carried out under Statutory Notices.

A Statutory Notice can be issued by the City of Edinburgh Council when there is a defect in a building which they deem may be a health or safety risk. Works will be carried out to reduce or remove the danger and then a Statutory Notice issued to homeowners for payment. In terms of The City of Edinburgh District Council Order Confirmation Act 1991, the council is able to conduct works which fall within the terms of the Statutory Notice and seek costs which have been “reasonably incurred” when undertaking such works.

Provided that the notices have been validly served, in the event that an owner wished to challenge the validity of costs claimed the works could be reviewed to ascertain if the work carried out was actually within the scope of the Statutory Notice and whether the costs incurred are the “reasonably costs” incurred. In order to assess whether the costs are reasonable or not a quantity surveyor should be engaged to look at the works.

It should be borne in mind that despite the publicised issues with the works instructed, it is entirely possible that the costs charged are legitimate. Care should be taken to determine at early stage whether there is any significant over pricing issues as resisting payment may lead to enforcement action by the CEC.

If your property has had work done to it under a Statutory Notice, and you may wish to appeal it, please get in contact with Paul who has experience in this area, on 0131 221 2425 or email pmcintosh@acandco.com.