Open to access properties
What are open to access properties?
The Environmental Health Housing Team have powers to make secure open vacant domestic properties or properties that are unsecure, and the occupier is temporarily absent.
These powers relate to the building or outbuildings, but not the curtilage (boundary) of the land.
Examples of building that are open to access include open or broken doors, and windows at ground floor levels, or levels above ground if they are easily accessible so that someone could easily climb or walk through the opening. This could be smashed windows (both inner and outer panes of glass if double glazed) above flat roofs, or off an external fire escape.
Yard shutters or gates or fences that are missing open or damaged are not examples of buildings that are open to access.
What the council does with open to access properties
The council will make reasonable attempts to contact the owner of the building to notify them of the situation. If the owner cannot be contacted, the council (by way of service of legal notice) secure the property, and then recharge the owner.
The council can also require the owner to secure the property within a specified time, if this is not carried, the council can do this by default and recharge the owner for costs incurred.
Other powers may also be available to the council depending upon the circumstances of the open to access property such as use of anti-social behaviour powers dependent upon the service request.
Reporting
Should you have an issue with an open to access property in your locality, you can log the matter and report it here.
