Underpinning
185 Underpinning
In this section —
underpinning consent means —
a consent in writing of the adjoining owner in response to a notice under section 391(2) of the former provisions; or
the requirement of the adjoining owner to underpin or strengthen the foundations of the adjoining owner’s building as set out in a counter notice under section 391(3) of the former provisions.
An underpinning 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), 78(1)(a) and 81(2)(a).
Despite the Interpretation Act 1984 section 37(1), sections 391(4) and (5) and 397 of the former provisions do not apply in relation to work completed on or after commencement day, in which case sections 90(b) and 91 apply respectively.
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