BUILDING ACT 1975 - SECT 245XJ Negligent or deliberate act or omission

BUILDING ACT 1975 - SECT 245XJ

245XJ Negligent or deliberate act or omission

(1) This section applies if, whether before or after the commencement of this section, a dividing fence forming part of a pool barrier is damaged or destroyed by a negligent or deliberate act or omission of—

(a) an owner of land; or

(b) a person who has entered the owner’s land with the owner’s express consent, whether written or oral.

(2) The owner must restore the dividing fence to a reasonable standard, having regard to its state before the damage or destruction.

Note—

If the owner does not comply with subsection (2) , the adjoining owner may give the owner a notice under section 245XM or carry out urgent fencing work under section 245XK .