Section 95 – Rules as to expenses in respect of party structures

London Building Act 1894

(1) As to expenses to be borne jointly by the building owner and adjoining owner:

(a) If any party structure be defective or out of repair the expense 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;

(b) If any party structure be 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;

(c) If any timber or other partition dividing a building be pulled down in exercise of the right by this part of this Act vested in a building owner and a party structure be 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 support of the respective buildings parted thereby;

(d) If any rooms or storeys or any parts thereof the property of different owners and intermixed in any building be pulled down in pursuance of the right by this part of this Act vested in a building owner and be rebuilt in conformity with this Act 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;

(e) 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 parts thereof be pulled down in pursuance of the right by this part of this Act vested in a building owner and be rebuilt in conformity with this Act 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 arches or communications.

(2) As to expenses to be borne by the building owner:

(a) If any party structure or any external wall built against another external wall be raised or underpinned in pursuance of the power by this part of this Act 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 part of this Act required to be made good and carried up shall be borne by the building owner;

(b) 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 be pulled down and rebuilt by the building owner the expense of pulling down and rebuilding the same and of making good any damage by this part of the Act required to be made good and a fair allowance in respect of the disturbance and inconvenience caused to the adjoining owner shall be borne by the building owner;

(c) If any party structure be cut into by the building owner and the expense of cutting into same and of making good any damage by this part of this Act required to be made good shall be borne by such building owner;

(d) If any footing chimney breast jambs or floor be cut away in pursuance of the powers by this part of this Act vested in a building owner the expense of such cutting away and of making good any damage by this part of this Act required to be made good shall be borne by the building owner;

(e) If any party fence wall be raised for a building the expense of raising such wall shall be borne by the building owner;

(f) If any party fence wall be pulled down and built as a party wall the expense of pulling down such party fence wall and building the same as a party wall shall be borne by the building owner.

If at any time the adjoining owner make use of any party structure or external wall (or any part thereof) raised or underpinned as aforesaid or of any party fence wall pulled down and rebuilt as a party wall (or any part thereof) beyond the use thereof made by him before the alteration there shall be borne by the adjoining owner from time to time a due proportion of the expenses (having regard to the use that the adjoining owner may make thereof):

(i) Of raising or underpinning such party structure or external wall and of making good all such damage occasioned thereby to the adjoining owner 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 Part of this Act required to be made good and carried up;

(ii) Of pulling down and building such party fence wall as a party wall.

The London Building Act 1894