Abandoned buildings – who is responsible?

The simple fact that a building is unoccupied does not mean it is abandoned. Over time, however, if the property is not maintained, it will very quickly fall into a state or disrepair. If the owner is not careful, it can quickly become derelict.

The latest statistics available (November 2023) report that nearly quarter of a million (248,149) properties in England were classed as “long-term vacant”.

What is an abandoned building?

The definition of an abandoned building is a property which is vacant and where the occupier or owner fails to manage or maintain it and/or cannot be traced. Abandonment can happen to both domestic and commercial buildings.

Why might a building become abandoned?

There are innumerable reasons why a building may become abandoned. Here are some examples:

• The owner dies and there are problems with the estate
• The tenant has a dispute with the landlord and vacates the property
• The cost of maintenance or repair is simply too much for the owner to afford
• Environmental factors, such as flooding in the area, renders the property unfit for use
• The company or organisation owning the property is dissolved or struck off

This is a small selection of some common reasons why a property may become abandoned. It is by no means exhaustive.

Common problems with abandoned buildings

When a property has been abandoned for any length of time, its condition usually deteriorates. Some examples of the problems are as follows:

Dereliction

All maintenance and repair ceases and the property, over time, becomes derelict. Outside areas become overgrown, the external fabric of the building fails allowing rain, wind and snow to penetrate the building through the roof, windows and doors causing irreparable damage.

Health and environmental hazard

The property may become a magnet for fly tipping and attract vermin. It may also become a fire risk or structurally unsafe causing a danger to passing pedestrians.

Detrimental impact on the locality

The state of repair of the property means it is unsightly. This can impact on the neighbourhood causing property values in the area to fall.

Illegal occupation

Squatters move into the property but fail to maintain it. Steps then need to be taken to remove them from the property before it can be repaired.

Crime and public order

Vandals decide to set fire to the property or otherwise cause damage or it becomes a focal point for activities which may cause public order issues.

Who is responsible for the abandoned building?

The question of responsibility is not always entirely clear. The focus will always be clearly on the owner of the property. However, it may be the tenant who is responsible for the property. The local authority may also have a role to play to deal with issues relating to the abandoned property.

The Owner

The immediate instinct is that the owner is responsible for the property. However, the property may be tenanted with the responsibility for maintenance or repair resting with the tenant. Issues over ownership may also problematic if, as shown earlier, the owner has died or, if an organisation, has ceased to exist.

Whilst the owner may be unknown, you can trace the owner through the Land Registry. You can complete an enquiry on the Land Registry website to find out who owns a specific property. You can search by postcode, street and town, map or title number. This will provide any ownership information recorded in the Land Registry records.

The Tenant

If the property is leased, the tenant may be responsible for the maintenance and repair of the property. Unless the landlord regularly visits the property, they may not be aware that the property has been abandoned until the tenant stops paying the rent. The landlord might then take proceedings against the landlord. If those proceedings become protracted, if the property is not maintained, it might quickly fall into disrepair and appear abandoned. Although the parties responsible can easily be identified neither might be inclined to take responsibility for maintaining the property.

The Local Authority

The local authority, in certain circumstances, is able to carry out repairs to the property to make it safe, in the event of it becoming structurally unstable. If the property becomes an environmental hazard, the local authority may also take action. In such circumstances, whilst the local authority may take remedial action, they will look to the owner to reimburse them for the costs.

The local authority may also commence the compulsory purchase process where all else fails. This will allow it to take ownership and either redevelop the property or to sell it on.

Determining responsibility for abandoned buildings can be challenging

Working out who is responsible for an abandoned building can be challenging. The first step is to identify the owner and approach them to find out what they intend to do. Search the land registry and speak to the local authority. They might have some insight into the ownership of the property. Whilst it may be baffling for an owner to abandon a property, it does happen and, as can be seen from the number of long-term vacant homes in England, this is not as unusual as you might think.