Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a building
owner intends to erect within 3 metres of a building belonging to an adjoining
owner a building or structure any part of which within the 3 metres extends to
a lower level than the foundations of the building belonging to the adjoining
owner, he may, and, if required by the adjoining owner, shall, underpin or
otherwise strengthen the foundations of the building of the adjoining owner to
such extent as is necessary.
(2) The building owner
shall give at least 35 days’ notice in writing to the adjoining
owner, stating his intention to build within the 3 metres and whether he
proposes to underpin or otherwise strengthen the foundations of the adjoining
owner’s building and with the notice shall serve a plan and sections
showing the site of the proposed building and the depth to which he proposes
to excavate.
(3) If the adjoining
owner within 14 days after being served with the notice gives a counter
notice in writing that he disputes the necessity of, or that he requires the
underpinning or strengthening, a difference is to be regarded as having arisen
between the building owner and the adjoining owner.
(4) The building owner
is liable to compensate the adjoining owner and occupier for inconvenience,
loss, or damage, if any, which results to them by reason of the exercise of
the powers conferred by this section.
(5) This section does
not relieve the building owner from liability to which he would otherwise be
subject in case of injury caused by his building operations to the adjoining
owner.
[Section 391 amended by No. 94 of 1972
s. 4.]