DEVELOPMENT ACT 1993 - SECT 62
This legislation has been repealed.
DEVELOPMENT ACT 1993 - SECT 62
62—Rights of building owner
(1) Subject to
obtaining any appropriate approval under this Act (and otherwise complying
with this Act), a building owner has the following rights in addition to, and
without prejudice to, any rights under any other Act or at common law:
(a) a
right to make good, underpin or repair any party wall that is defective or out
of repair; and
(b) a
right to pull down and rebuild any party wall that is so defective or out of
repair that it is necessary or expedient to pull it down; and
(c) a
right to raise and underpin a party wall; and
(d) a
right to pull down a party wall that is of insufficient strength for a
proposed building (but the building owner must then rebuild a party wall of
sufficient strength); and
(e) a
right to cut into a party wall; and
(f) a
right to perform any other building work in relation to the party wall
prescribed by the regulations.
(2) The building owner
is liable to make good any damage to adjacent premises, and the contents of
adjacent premises, caused by the exercise of a right under this section.
(3) The building owner
cannot, except with the consent in writing of the adjoining owner, exercise
any right under this section unless, at least six weeks before doing so, he or
she has served personally or by post on the adjoining owner a notice in
writing stating the nature and particulars of the proposed building work and
when it is to commence.
(4) Where a building
owner proposes to exercise a right conferred under this section, the adjoining
owner may, by notice in writing served personally or by post on the building
owner, require the building owner to carry out such other building work on, or
in relation to, the party wall as may be reasonably necessary for the
convenience of the adjoining owner, and the building owner must comply with
that requirement except where to do so would cause loss or damage to the
building owner, or would cause undue inconvenience or delay.
(5) The
adjoining owner is liable for all expenses incurred by the building owner
under subsection (4)
.
(6) The building owner
must, in the exercise of any right under this section, take reasonable steps
to protect any adjoining land or premises.
(7) A building owner
must not exercise any right under this section in such manner, or at such
time, as will cause unnecessary inconvenience to the adjoining owner or
occupier, and must perform any building work with due diligence.