New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 88C

88C Restrictions relating to brick construction

(1) In this section "restriction" means a restriction as to the user of land that arose, under covenant or otherwise, before the commencement of the Conveyancing (Amendment) Act 1972 , or so arises after that commencement, the benefit of which is intended to be annexed to other land.

(2) For the purposes of this section:

(a) a wall of a building or structure is of brick veneer construction in so far as the outer part of that wall consists of brick having a thickness of at least 76 millimetres and the inner part of that wall consists of a material other than brick, and

(b) a building or structure is of brick veneer construction if its external walls are of brick veneer construction, or partly of brick construction and partly of brick veneer construction, whether or not its other walls are so constructed.

(3) To the extent to which a restriction:

(a) does not operate to prohibit the erection on land to which the restriction relates of a building or structure having walls of brick, and

(b) does not exclude the operation of this section by specific reference thereto or does not, by the express use in the instrument under which it arises of terms appropriate to describe brick veneer construction, operate to prohibit the use of that form of construction in a building or structure to be erected on that land,

it is not a breach of the restriction to erect on that land a building or structure of brick veneer construction.

(4) This section applies to and in respect of a building or structure erected before or after the commencement of the Conveyancing (Amendment) Act 1972 , and so applies as if a building or structure erected before that commencement had been erected after that commencement.