Building party walls
183 Building party walls
In this section —
party wall building consent means the consent of the adjoining owner to the building of a party wall, as mentioned in section 383(3) of the former provisions.
A party wall building consent that was given before commencement day is, on and from commencement day, to be taken to be consent for the purposes of sections 76(1)(a) and 81(2)(a).
If, before commencement day, an adjoining owner gave party wall building consent, the building owner must bear or pay the expense of building the party wall, and from time to time, as and when the adjoining owner makes use of the wall, the adjoining owner must pay to the building owner such portion of that expense as is proportionate to the use which the adjoining owner makes of the wall.
Where the adjoining owner is liable to contribute to the expenses of building a party wall, until the contribution is paid, the building owner at whose expense it was built stands possessed of the sole property in the structure.
The adjoining owner is liable for expenses incurred by the building owner on the adjoining owner’s requisition under section 386 of the former provisions, and if the adjoining owner does not pay them, the building owner may recover the amount of the expenses from the adjoining owner in a court of competent jurisdiction.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.