Section 116 – Rules as to exercise of rights by building and adjoining owners

London Building Act 1930

 

(1) A building owner shall not except with the consent in writing of the adjoining owner and of the adjoining occupiers or in cases where any wall or party structure is dangerous (in which cases the provisions adjoining of Part X of this Act shall apply) exercise any of his rights under this Act in respect of any party fence wall unless at least one month or in respect of any party wall or party structure other than a party fence wall unless at least two months before doing so he has served on the adjoining owner a party wall or party structure notice stating the nature and particulars of the proposed work and the time at which the work is proposed to be commenced.

(2) When a building owner in the exercise of any of his rights under this Part of this Act lays open any part of the adjoining land or building he shall at his own expense make and maintain for a proper time a proper hoarding and shoring or temporary construction for protection of the adjoining land or building and the security of the adjoining occupier.

(3) A building owner shall not exercise any right by this Act given to him in such manner or at such time as to cause unnecessary inconvenience to the adjoining owner or to the adjoining occupier.

(4) A party wall or party structure notice shall not be available for tM exercise of any right unless the work to which the notice relates is begun within six months after the service thereof and is prosecuted with due diligence.

(5) Within one month after receipt of such notice the adjoining owner may serve on the building owner a notice requiring him to build on any such party structure any works to the construction of which he is hereinbefore declared to be entitled.

(6) The last-mentioned notice shall specify the works required by the adjoining owner for his convenience and shall if necessary be accompanied by explanatory plans and drawings.

(7) If either owner does not within fourteen days after the service on him of any notice under this section express his consent thereto he shall be considered as having dissented therefrom and thereupon a difference shall be deemed to have arisen between the building owner and the adjoining owner.

London Building Act 1930

• Section 5 – Definitions
• Section 113 – Rights of owners of adjoining lands respecting erection of walls on line of junction
• Section 114 – Rights of building owner
• Section 115 – Rights of adjoining owner
• Section 116 – Rules as to exercise of rights by building and adjoining owners
• Section 117 – Settlement of difference between building and adjoining owners
• Section 118 – Power for building owner to enter premises
• Section 119 – Building owner to underpin adjoining owner’s property
• Section 120 – Rules as to expenses in respect of party structures
• Section 121 – Security to be given by building owner and adjoining owner
• Section 122 – Account of expenses to be delivered to adjoining owner
• Section 123 – Adjoining owner may object to account
• Section 124 – Building owner may recover if no appeal made
• Section 125 – Structure to belong to building owner until contribution paid
• Section 126 – Adjoining owner to be liable to expenses incurred on his requisition
• Section 127 – Saving for lights &c. in party walls