64
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existing prior buildings.
Requirements of adjoining owner in relation to party structures.
differences between. huilding owner and adjoining owner.
Notice to be given by building owner before work commences,
Buildings
[1985 Ed.
(d) in the case of buildings having rooms or storeys the property of different owners intermixed, to pull down such of the said rooms or storeys, or any part thereof as are not built in conformity with this Ordinance, and to rebuild the same in conformity therewith:
(e) in the case of buildings connected by arches or communications over streets belonging to other persons, to pull down such of the said buildings, arches or communications or such parts thereof as are not built in conformity with this Ordinance, and to rebuild the same in conformity therewith;
(f) to raise and underpin any party structure permitted by this Ordinance to be raised or underpinned or any external wall built against such party structure, upon condition of making good all damage occasioned thereby to the adjoining premises or to the internal finishings and decorations thereof, and of carrying up to the requisite height all flues and chimney stacks belonging to the adjoining owner on or against such party structure or external wall;
(g) to pull down any party structure which is of insufficient strength for any building intended to be built, and to rebuild the same of sufficient strength for the above purposes, upon condition of making good all damage occasioned thereby to the adjoining premises or to the internal finishings and decorations thereof;
(h) to cut into any party structure upon condition of making good all damage occasioned to the adjoining premises by such operation:
(i) to cut away any footing or any chimney-breast, jamb or flue projecting, or other projection from any party wall or external wall in order to erect an external wall against such party wall, or for any other purpose, upon condition of making good all damage occasioned to the adjoining premises by such operation;
(j) to cut away or take down such parts of any wall or building of an adjoining owner as may be necessary in consequence of such wall or building overhanging the ground of the building owner, in order to erect an upright wall against the same, on condition of making good any damage sustained by the wall or building by such operation.
(k) to raise a party fence wall, or to pull the same down and rebuild it as party wall;
(l) to perform any other necessary works incident to the connexion of a party structure with the premises adjoining thereto;
Provided that these rights shall be subject to this qualification, that any building which has been erected prior to 21 February 1903 shall be deemed to be conformable to the provisions hereof if it be conformable to the provisions of the Ordinances regulating buildings before that date.
112. (1) Where a building owner proposes to exercise any of the foregoing rights with respect to party structures. the adjoining owner may by notice require the building owner to build on any such party structure such chimney copings, jambs, or breasts, or flues, or such piers or recesses, or any other like works as may fairly be required for the convenience of such adjoining owner, and may be specified in the notice; and it shall be the duty of the building owner to comply with such requisition in all cases where the execution of the required works will not be injurious to the building owner, or cause to him unnecessary inconvenience or unnecessary delay in the exercise of his right.
(2) Any difference that arises between a building owner and an adjoining owner in respect of the execution of any such works shall be determined in the manner in which differences between building owners and adjoining owners are hereinafter directed to be determined.
113. (1) A building owner shall not, except with the consent in writing of the adjoining owner, and of the adjoining occupiers, or in cases where any wall or party structure is dangerous (in which cases the appropriate provisions of this Ordinance shall apply), exercise any of his rights under this Ordinance in respect of any party fence wall unless at least 1 month, or exercise any of his rights under this Ordinance in relation to any party wall or party structure other than a party fence wall, unless at least 2 months before doing so he has served on the adjoining owner of the party fence wall, the party wall or party structure, as the case may be, notice stating the nature and particulars of the proposed work and the time at which the work is proposed to be commenced.
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