1964_BUILDINGS_ORDINANCE — Page 67

66

CAP. 123]

Buildings

[1985 Ed.

C~94/56

Right of entry of building owner.

Linderpinning or strengthening of foundations of

adjoining building.

(8) Where both parties have concurred in the appointment of 1 architect, then, if he refuses, or for 7 days neglects to act, or if he dies or becomes incapable of acting before he has made his award, the matters in dispute shall be determined in the same manner as if he had not been appointed.

(9) Where each party has appointed an architect and a third architect has been selected, then, if he refuses, or for 7 days neglects to act, or before such difference is settled, dies, or becomes incapable of acting, the 2 architects shall forthwith select another architect in his place who shall have the same powers and authorities as were vested in his predecessor.

• Buildings and Lands

(10) Where each party has appointed an architect, then, if the 2 architects refuse, or, for 7 days after request of either party, neglect to select a third architect, or another third architect as aforesaid, the Governor may, on the application of either party, appoint the Director of Building Development or some other fit person to act as third architect who shall have the same powers and authorities as if he had been selected by the 2 architects appointed by the parties. (Amended, L.N.76(82))

(11) Where each party has appointed an architect, then, if before the difference is settled either architect dies, or becomes incapable of acting, the party by whom he was appointed may appoint some other architect to act in his place, and if for the space of 7 days after notice served on him by the other party for that purpose, he fails to do so, the other architect may proceed ex parte, and his decision shall be as effectual as if he had been a single architect in whose appointment both parties had concurred; an architect so substituted as aforesaid shall have the same powers and authorities as were vested in the former architect at the time of his death or disability.

(12) Where each party has appointed an architect, then, if either of the architects refuses, or for 7 days neglects to act, the other may proceed ex parte, and his decision shall be as effectual as if he had been a single architect in whose appointment both parties had concurred.

(13) In this section, "architect" means "authorized architect".

115. A building owner, his servants, agents and workmen, at all usual times of working, may enter and remain on any premises for the purpose of executing, and may execute any work which he has become entitled or is required in pursuance of this Ordinance to execute, removing any furniture or doing any other thing which may be necessary; and if the premises are closed, he and they may, accompanied by a police officer, break open any fences or doors in order to effect such entry: Provided that before entering on any premises for the purpose of this section, the building owner shall give 14 days' notice of his intention so to do to the owner and occupier. In case of emergency, he shall give such notice only as may be reasonably practicable.

116. Where a building owner intends to erect within 3 metres of a building belonging to an adjoining owner a building any part of which within such 3 metres extends to a lower level than the foundations of the building belonging to the adjoining owner, he may, and, if required by the adjoining owner, shall (subject as hereinafter provided) underpin or otherwise strengthen the foundations of the said building so far as may be necessary, and the following provisions shall have effect- (Amended, L.N.294/76)

(a) at least 2 months' notice in writing shall be given by the building owner to the adjoining owner stating his intention to build, and whether he proposes to underpin or otherwise strengthen the foundations of the said building, and such notice shall be accompanied by a plan and sections, showing the site of the proposed building, and the depth to which he proposes to excavate:

(b) if the adjoining owner shall, within 14 days after being served with such notice, give a counternotice in writing that he disputes the necessity of such underpinning or strengthening, or that he requires such underpinning or strengthening, then, if such counternotice is not acquiesced in, a difference shall be deemed to have arisen between the building owner and the adjoining owner;

(c) the building owner shall be liable to compensate the adjoining owner and occupier for any inconvenience, loss or damage which may result to them by reason of the exercise of the powers conferred by this section:

(d) nothing in this section contained shall relieve the building owner from any liability to which he would otherwise be subject in case of injury caused by his building operations to the adjoining owner.