ABSTRACT

There are numerous examples of old buildings which urgently require both maintenance and improvement, but how far is it possible to carry out relatively major works and remain within the limits set by s 55(2)(a)? In the case of Street v Essex County Council (1965) 193 EG 537, the appellant had commenced repairs and found it necessary to demolish the building down to damp proof course level and begin ‘maintenance’ from that level. The court held that whether the work could be fairly said to amount to maintenance, or more properly called reconstruction, was a matter of fact and degree and on this point they upheld the Secretary of State’s contention that in this case the nature of the work amounted to reconstruction.