1985 Ed.]
Buildings
JCAP. 123
63
Provided that no person shall be entitled as of right in the capacity of counsel, solicitor or other paid advocate to conduct the case for the appellant or such other persons by addressing the tribunal or examining or cross-examining witnesses.
(2) For the purposes of sub-paragraph (1), the tribunal may cause such notice to be given to any person or to the public at large as it may think proper.
(3) The inquiry shall be held at such place and time as the tribunal may determine and shall be a private inquiry
SECOND SCHEDULE
[s. 54.]
PROVISIONS OF BUILDINGS ORDINANCE 1935 TO CONTINUE IN OPERATION
Rights of Building and Adjoining Owners
'ཛྫཱ་
1: 3
110. (1) In this section and in sections 111 to 126– "adjoining owner” means an owner, and "adjoining occupier" means an occupier, of land, buildings, storeys or rooms adjoining those of a building owner. "building owner" means such one of the owners of adjoining land who is desirous of building, or such one of the owners of buildings, storeys or rooms, separated from one another by a party wall or party structure who does or is desirous of doing a work affecting that party wall or party structure.
(2) 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 junction, the following provisions shall have effect.
(3) 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.
(4) 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 2 owners, or in such other position as may be agreed between them.
(5) The expenses of the building of the party wall shall from time to time be defrayed by the 2 owners in due proportion, regard being had to the use made and which may be made of the wall by them respectively.
(6) 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.
(7) 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,
(8) 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 1 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 determined.
(9) 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.
111. The building owner shall have the following rights in relation to party structures and adjoining structures-
(a) to make good, underpin, or repair any party structure which is defective or out of repair:
Definitions "adjoining owner" and "building owner"
provisions for buildings adjoining unbuilt-on land.
Rights of building owner in relation to party structures, etc.;
(b) 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:
(c) to pull down any timber or other partition which divides any buildings, and is not conformable to the provisions of this Ordinance, and to build instead thereof a party wall conformable thereto:
1985 Ed.]
Buildings
JCAP. 123
63
Provided that no person shall be entitled as of right in the capacity of counsel. solicitor or other paid advocate to conduct the case for the appellant or such other persons by addressing the tribunal or examining or cross-examining witnesses.
(2) For the purposes of sub-paragraph (1), the tribunal may cause such notice to be given to any person or to the public at large as it may think proper.
(3) The inquiry shall be held at such place and time as the tribunal may determine and shall be a private inquiry
SECOND SCHEDULE
[s. 54.]
PROVISIONS OF BUILDINGS ORDINANCE 1935 TO CONTINUE IN OPERATION
Rights of Building and Adjoining Owners
'ཛྫཱ་
1: 3
110. (1) In this section and in sections 111 to 126– "adjoining owner” means an owner, and "udjoining occupier" means an occupier. of
land, buildings, storeys or rooms adjoining those of a building owner. *building owner" means such one of the owners of adjoining land who is desirous of building, or such one of the owners of buildings, storeys or rooms, separated from one another by a party wall or party structure who does or is desirous of doing a work affecting that party wall or party structure.
(2) 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 junction, the following provisions shall have effect.
(3) 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.
(4) 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 2 owners. or in such other position as may be agreed between them.
(5) The expenses of the building of the party wall shall from time to time be defrayed by the 2 owners in due proportion, regard being had to the use made and which may be made of the wall by them respectively.
(6) 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.
(7) 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,
(8) 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 1 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 compensa- tion 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 determined.
(9) 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.
111. The building owner shall have the following rights in relation to party structures and adjoining structures-
(a) to make good, underpin, or repair any party structure which is defective
or out of repair:
Definitions "adjoining owner" and "building owner"
!
provisions for buildings adjoining unhuilt-on land.
Rights of building owner in relation to party structures, etc.;
7
(b) 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:
(c) to pull down any timber or other partition which divides any buildings. and is not conformable to the provisions of this Ordinance, and to build instead thereof a party wall conformable thereto:
1
No comments yet.
Private notes are available after approval.