Western Australian Consolidated Acts Western Australian Consolidated Acts (1) As to expenses to
be borne jointly by the building owner and the adjoining owner —
(a) if a
party wall is defective or out of repair the building owner and the adjoining
owner shall bear the expense of making it good, underpinning, or repairing it,
proportionately, regard being had to the use that each owner may make of the
structure;
(b) if a
party wall is pulled down and rebuilt by reason of its being so far defective
or out of repair as to make it necessary or desirable to pull it down the
building owner and the adjoining owner shall bear the expense of the pulling
down and rebuilding proportionately, regard being had to the use that each
owner may make of the structure;
(c) if a
timber or other party wall dividing a building is pulled down in the exercise
of the right conferred by this Division upon a building owner and a party wall
is built in its stead the building owner and the adjoining owner shall bear
the expense of the pulling down and of building the party wall and also of
building additional party walls, if any, that may be required by reason of the
partition having been pulled down, proportionately, regard being had to the
use that each owner may make of the party wall and to the thickness required
for support of the respective buildings parted by it.
(2) As to expenses to
be borne by the building owner —
(a) if a
party wall or an external wall built against another external wall is raised
or underpinned in pursuance of the power by this Division conferred on a
building owner, the building owner shall bear the expense of raising or
underpinning it, and of making good damage occasioned by doing so, and of
carrying up to the requisite height flues and chimney stacks belonging to the
adjoining owner on or against the party wall or external wall as are required
by this Division to be made good and carried up;
(b) if a
party wall which is of proper materials and sound, or not so far defective or
out of repair as to make it necessary or desirable to pull it down, is pulled
down and rebuilt by the building owner, the building owner shall bear the
expense of pulling it down and rebuilding it, and of making good damage
required by this Division to be made good, and the building owner shall also
make a fair allowance in respect of the disturbance and inconvenience caused
to the adjoining owner;
(c) if a
party wall is cut into by the building owner, the building owner shall bear
the expense of cutting into it and of making good damage required by this
Division to be made good;
(d) if a
footing, chimney breast, jamb, or floor, or a projection, is cut away under
powers conferred by this Division upon a building owner, the building owner
shall bear the expense of the cutting away and of making good damage required
by this Division to be made good;
(e) if a
party fence wall is raised for a building, the building owner shall bear the
expense of raising it; or
(f) if a
party fence wall is pulled down and built as a party wall the building owner
shall bear the expense of pulling down the party fence wall and building it as
a party wall;
but if at any time the
adjoining owner makes use of a party wall, so raised or underpinned, or a part
of it, or of a party fence wall so pulled down and built as a party wall, or a
part of it, beyond the use made of it by him before the alteration, the
adjoining owner shall from time to time bear a proportion, regard being had to
the use that the adjoining owner makes of it from time to time, of the expense
of —
(i)
raising or underpinning the party wall or external wall,
and of making good such damage occasioned by doing so to the adjoining owner,
and of carrying up to the requisite height such flues and chimney stacks
belonging to the adjoining owner on or against a party wall or external wall,
as are required by this Division to be made good and carried up; and
(ii)
pulling down and building the party fence wall as a party
wall.