Certain work not to affect party walls etc. without consent, court order or other authority
79 Certain work not to affect party walls etc. without consent, court order or other authority
A person responsible for work must ensure that the work does not affect the structural, waterproofing, or noise insulation capacity of a party wall, a substantial dividing fence, or a boundary retaining wall that protects land beyond the boundaries of the works land —
unless each owner of the land that shares the party wall or the dividing fence, or that is protected by the boundary retaining wall, consents to the work being done, and the work is done in accordance with the consent; or
unless the work is done in accordance with an order under section 86(2)(d); or
unless the work is required as a matter of urgency to prevent imminent collapse of, or damage to, the wall or fence; or
except in prescribed circumstances.
Penalty: a fine of $25 000.
A person responsible for work must ensure that, as soon as practicable after the completion of work mentioned in subsection (1)(c), notice of the work and the reason for it is given to —
each owner of the land that shares the party wall or the dividing fence, or that is protected by the boundary retaining wall; and
the permit authority for the wall or fence, if the work is building work of a kind for which a building permit is required.
Penalty: a fine of $10 000.
This section does not affect the application of the Dividing Fences Act 1961 to and in relation to the repair of a substantial dividing fence.
[Section 79 amended: No. 37 of 2012 s. 20.]
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