CO129-554-9 Buildings Ordinance 1935 15-4-1935 - 15-4-1935 — Page 62

72

46

47

Provisions

concerning buildinga on line of

junction when ad- joining lands are unbuilt on.

putting up the document to be served on a conspicuous part of the premises to which the same relates: Provided that any notice, summons or order required by this Ordinance to be given, issued or made to the owner of any premises, shall be served either by leaving the same at the place of business or residence within the Colony of such owner or of his authorised agent, or if the whereabouts of such owner or agent be unknown by posting a registered letter addressed to such owner or agent, at his last-known place of residence or of business in the Colony.

Rights of building and adjoining owners.

133. Where lands held under lease from the Crown by different owners adjoin and are unbuilt on at the line of junction, and either owner is about to build on any part of the line of junction, the following provisions shall have effect :-

(1) if the building owner desires to build a party wall on the line of junction, he shall serve notice thereof on the adjoining owner describing the intended wall;

(2) if the adjoining owner consents to the building of a party wall, the wall shall be built half on the land of each of the two owners, or in such other position as may be agreed between them;

(3) the expenses of the building of the party wall shall from time to time be defrayed by the two owners in due proportion, regard being had to the use made and which may be made of the wall by them respectively;

(4) if the adjoining owner does not consent to the building of a party wall, the building owner shall not build the wall otherwise than as an external wall placed wholly on his own land;

(5) if the building owner does not desire to build a party wall on the line of junction but desires to build an external wall placed wholly on his own land, he shall serve notice thereof on the adjoining owner describing the intended wall:

(6) where in any of the cases aforesaid the building owner proceeds to build an external wall on his own land, he shall have a right at his own expense, at any time after the expiration of one month from the service of the notice, to place on the land of the adjoining owner below the level of the lowest floor, the projecting footings of the external wall with concrete or other solid substructure thereunder, making compensation to the adjoining owner or occupier for any damage occasioned thereby. The amount of such compensation. if any difference arises, shall be determined in the manner in which differences between building owners and adjoining owners are hereinafter directed to be deter- mined.

Where an external wall is built against another external wall or against a party wall, it shall be lawful for the Building Authority to allow the footing of the side next such other external or party wall to be omitted.

134. The building owner shall have the following Rights of rights in relation to party structures and adjoining building

structures-

Owner in relation to party structures,

(1) to make good, underpin, or repair any party etc. structure which is defective or out of repair;

(2) to pull down and rebuild any party structure which is so far defective or out of repair as to make it necessary or desirable to pull it down;

(3) to pull down any timber or other partition which divides any buildings, and is not conformable with the provi- sions of this Ordinance, and to build instead thereof a party wall conformable thereto;

(4) 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;

(5) in the case of buildings connected by arches or com- munications 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;

(6) 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;

(7) to pull down any party structure which is of insuffi- cient 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;

(8) to cut into any party structure upon condition of making good all damage occasioned to the adjoining premises by such operation;

(9) 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;

wall or

(10) to cut away or take down such parts of

any building of an adjoining owner as may be necessary in conse- quence 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;

(11) to raise a party fence wall, or to pull the same down and rebuild it as a party wall;

(12) to perform any other necessary works incident to the connexion of a party structure with the premises adjoining thereto :

73