Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, what guidance his Department provides to local authorities on taking safety action where land is ownerless due to escheat and poses a risk to highways or public safety.

Local authorities have powers provided by section 78 of the Building Act 1984 to take emergency measures when dealing with dangerous structures. If a structure, or part of it, appears dangerous and requires immediate action to remove the danger, the local authority may take steps as necessary for that purpose.

While the Ministry does not issue guidance in relation to ownerless land and highways, the Law Commission in its 14th Programme of Law Reform will look to address the problems that may arise when land ceases to have an owner and transfers to the Crown. The project will carry out a review of bona vacantia and escheat with the aim of clarifying the law.