Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An adjoining owner
may if he thinks fit serve notice in writing on the building owner requiring
him before commencing work which he is authorised by this Division to execute,
to give such security as is agreed upon, or in case of difference, such
security as the State Administrative Tribunal on the application of either of
the owners directs be given, for the payment of such expenses, costs, and
compensation, in respect of the work as may be payable by the building owner.
(2) The building owner
may, if he thinks fit, after service on him of a party wall requisition by the
adjoining owner and before beginning a work to which the requisition relates
but not afterwards, serve a counter requisition on the adjoining owner
requiring him to give such security for payment of the expenses, costs and
compensation for which he is or will be liable as may be agreed upon, or in
the case of difference, may be settled as mentioned in subsection (1).
(3) If the adjoining
owner does not within 35 days after service of the counter requisition
give security accordingly he ceases to be entitled to compliance with his
party wall requisition and the building owner may proceed as if no party wall
requisition had been served on him by the adjoining owner.
[Section 392 amended by No. 55 of 2004
s. 668.]