1985 Ed.]

Buildings

ICAP. 123

41

with those building works the relevant works are carried out or maintained or, as the case may be, from any of his successors.

(3) Where any dispute arises as to---

(a) whether compensation is payable under this section:

(b) the amount of any such compensation: or

(c) the person by or to whom it is payable.

any person who, by reason of the carrying out or maintenance of the relevant works, has suffered any loss or damage to any land or property entered upon, cut through or interfered with may apply to the Lands Tribunal to hear and determine the dispute, except where he and the person in connexion with whose building works the relevant works are carried out or maintained or, as the case may be, any of that person's successors have entered into an agreement in writing for the payment of an ascertained amount of compensation.

(4) An application under subsection (3) may be made within 3 years of the date on which the loss or damage was suffered or within such extended time as the Lands Tribunal may in its discretion allow.

(5) The Lands Tribunal shall have jurisdiction to hear and determine any application under subsection (3); and in the application of the Lands Tribunal Ordinance to any such determination, section 11(1) of that Ordinance shall have effect as if for paragraphs (a) and (b) thereof there were substituted the words "any application under section 28D(3) of the Buildings Ordinance".

(Added 41 of 1982, s. 8)

29. (1) Every private street and access road shall be surfaced, channelled, sewered and drained to the satisfaction of the Building Authority and in compliance with regulations and lighted to the satisfaction of the Building Authority, and shall be maintained in good order to his satisfaction, by the frontagers.

(2) Where any private street or access road is not so surfaced, channelled, sewered, drained, lighted or maintained in good order, the Building Authority--

(a) may by order in writing served on the frontagers require them to carry out, within such time as may be specified therein, such work as he considers necessary; or

(b) where, in the case of a private street, the public interest would, in his opinion, be better served if such work were carried out by him or under his direction, may, subject to the provisions of subsection (3), carry out such work himself, notwithstanding that the frontagers may be willing to carry out such work.

(3) (a) Where, pursuant to the provisions of subsection (2)(b) the Building Authority intends to carry out any work, he shall give notice of his intention to the frontagers.

(Cap. 123)

Construction and maintenance of private streets and access roads.

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