1985 Ed.]
Buildings
[CAP. 123
117. (1) An adjoining owner may, if he thinks fit, by notice in writing, require the building owner (before commencing any work which he may be authorized by this Ordinance to execute) to give such security as may be agreed upon, or in case of difference as may be settled by a judge in chambers, for the payment of all such expenses, costs and compensation in respect of the work as may be payable by the building owner.
(2) The building owner may, at any time after service on him of a party wall or party structure requisition by the adjoining owner, and before beginning a work to which the requisition relates, but not afterwards, serve a counter requisition on the adjoining owner, requiring him to give such security for payment of the expenses, costs, and compensation for which he is or will be liable, as may be agreed upon, or, in case of difference, as may be settled as aforesaid.
(3) If the adjoining owner does not within 1 month after service of the counter requisition give security accordingly, he shall at the end of that month be deemed to have ceased to be entitled to compliance with his party wall or party structure requisition, and the building owner may proceed as if no party wall or party structure requisition had been served on him by the adjoining owner.
118. (1) As to expenses to be borne jointly by the building owner and adjoining owner the following provisions shall apply.
(2) If any party structure is defective or out of repair, the expenses of making good, underpinning, or repairing the same shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner makes or may make of the structure.
(3) If any party structure is pulled down and rebuilt by reason of its being so far defective or out of repair as to make it necessary or desirable to pull it down, the expense of such pulling down and rebuilding shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner may make of the structure.
(4) If any timber or other partition dividing a building is pulled down in exercise of the right by this Ordinance vested in a building owner, and a party structure is built instead thereof, the expense of building such party structure and also of building any additional party structures that may be required by reason of the partition having been pulled down, shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner may make of the party structure and to the thickness required for the support of the respective buildings parted thereby.
(5) If any rooms or storeys or any parts thereof, the property of different owners, and intermixed in any building, are pulled down in pursuance of the right by this Ordinance vested in a building owner, and are rebuilt in conformity with this Ordinance, the expense of such pulling down and rebuilding shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner may make of such rooms or storeys.
(6) If any arches or communications over public ways or over passages belonging to other persons than the owners of the buildings connected by such arches or communications, or any part thereof, are pulled down in pursuance of the right by this Ordinance vested in a building owner, and are rebuilt in conformity with this Ordinance, the expense of such pulling down and rebuilding shall be borne by the building owner and adjoining owner in due proportion, regard being had to the use that each owner makes of such arches or communications.
119. (1) As to expenses to be borne by the building owner the following provisions shall apply.
(2) If any party structure or any external wall built against another external wall is raised or underpinned in pursuance of the power by this Ordinance vested in a building owner, the expense of raising or underpinning the same and of making good all damage occasioned thereby, and of carrying up to the requisite height all such flues and chimney-stacks belonging to the adjoining owner on or against any such party structure or external wall as are by this Ordinance required to be made good and carried up, shall be borne by the building owner.
(3) If any party structure, which is of proper materials and sound or not so far defective or out of repair as to make it necessary or desirable to pull it down, is pulled
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Adjoining owner may require security to be given for payment of expenses and counter requisition by building owner.
Expenses to be borne jointly by building owner and adjoining owner.
Expenses to be borne by the building owner.