Section 93 – Building owner to underpin adjoining owner’s building

London Building Act 1894

Where a building owner intends to erect within ten feet of a building belonging to an adjoining owner a building or structure any part of which such ten feet 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:

(1) At least two 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.

(2) If the adjoining owner shall within fourteen days after being served with such notice give a counter notice in writing that he disputes the necessity of or require such underpinning or strengthening a difference shall be deemed to have arisen between the building owner and the adjoining owner.

(3) 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.

(4) Nothing in this section 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.

The London Building Act 1894

• Section 5 – Definitions
• Section 87 – Rights of owners of adjoining lands respecting erection of walls on line of junction
• Section 88 – Rights of building owner
• Section 89 – Rights of adjoining owner
• Section 90 – Rules as to exercise of rights by building and adjoining owners
• Section 91 – Settlement of differences between building and adjoining owners
• Section 92 – Power for building owner to enter premises
• Section 93 – Building owner to underpin adjoining owner’s building
• Section 94 – Security to be given by building owner and adjoining owner
• Section 95 – Rules as to expenses in respect of party structures
• Section 96 – Account of expenses to be delivered to adjoining owner
• Section 97 – Adjoining owner may object to account
• Section 98 – Building owner may recover if no appeal made
• Section 99 – Structure to belong to building owner until contribution paid
• Section 100 – Adjoining owner liable to expenses incurred on his requisition
• Section 101 – Saving for lights in party walls etc.