Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The building
owner, in addition to and without prejudice to rights, if any, which he has
irrespective of this Division, has —
(a) the
right to make good, underpin, or repair a party wall which is defective or out
of repair;
(b) a
right to pull down and rebuild a party wall which is so far defective or out
of repair as to make it necessary or desirable to pull it down;
(c) a
right to pull down a timber or other partition which divides buildings and
which does not conform with the provisions of this Act, and to build instead a
party wall conforming with those provisions;
(d) a
right to raise and underpin a party wall permitted by this Act to be raised or
underpinned, upon condition of making good the damage occasioned by doing so
to the adjoining premises or to the finishings and decorations of the
adjoining premises, and of carrying up to the requisite height the flues and
chimney stacks belonging to the adjoining owner on or against the party wall;
(e) a
right to pull down a party wall which is of insufficient strength for a
building intended to be built and to rebuild it of sufficient strength for
that purpose, upon condition of making good the damage occasioned by doing so,
to the adjoining premises or to the finishings and decorations of the
adjoining premises;
(f) a
right to cut into a party wall upon condition of making good the damage
occasioned to the adjoining premises by doing so;
(g) a
right to cut away a footing or chimney breasts, jambs, or flues projecting, or
other projections, from a party wall in order to erect an external wall
against the party wall or for any other purpose, upon condition of making good
the damage occasioned to the adjoining premises by doing so;
(h) a
right to perform any other necessary works incident to the connection of a
party wall with the premises adjoining it; and
(i)
a right to raise a party fence wall or to pull it down
and rebuild it as a party wall.
(2) The rights
mentioned in paragraphs (a) to (h) both inclusive of subsection (1)
are subject to this qualification, that a building which was built previously
to the coming into operation of this Act is to be regarded as conforming with
the provisions of this Act, if it conformed with the provisions of Acts
regulating buildings at the time the building was erected.