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ABATEMENT NOTICE

The term generally denotes a form of notice which is intended to be a loud and vivid message from the council that it thinks there must be a compliance issue which is severe enough to slope things up and take some legal actions. Here, you need to be careful, and if there is a compliance issue and you do not take any action about it, you will be prosecuted for all the ongoing non-compliance. What is worst? The fines will be much higher because of the notice, and it will become worthless, even if you have statutory liability insurance.

Definition

An abatement notice will require you to stop whatever you are doing by a specific date. At the same time, the council considers it unlawful to do something which believes it is necessary for you to become acquiescent and to deal with different levels of adverse effect on the environment.

These notices should not be taken as "angry letters"; instead, they are known as the formal legal documents with actual legal outcomes and, of course, need to be taken on a serious note.

Use of Abatement Notice in Real Estate

In real estate, an Abatement notice is also known as the binding legal notice, so breaching it is considered as illegal. And there are strict legal requirements on the council. If the notice does not meet the necessary needs by chance, you can appeal the notice to the Environmental court and apply to have the notice stay put until your appeal is heard. When the court agrees with the council that the situation is becoming adverse and not going or meeting the requirements, it can send a notice.

Moreover, suppose you do not do what is required for the abatement notice and that too within the outlined time frame. In that case, this is in itself an offence which is most likely to be seen in courts which are making the matter worse than the non-compliance, which led to the abatement notice in the first place. And at the same time, it will be reflected in the penalties imposed.

But once you fix the problem, you can ask the council to cancel it. If you show that the notice is no longer needed, the council will cancel it in no time.

However, remember, in the real estate business, Abatement notices are not to be ignored. Other than delivering you with correct legal advice to take the proper action-abatement notes is no cause for panic or spell disaster.

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