Section 48 - Counter notices

Section 48 – Counter notices

London Building Act (Amendment) Act 1939

(1) After the service of a party structure notice the adjoining owner may serve on the building owner a notice in writing (in this Part of this Act referred to as “a counter notice “).

(2) A counter notice—

(a) may in respect of a party fence wall .or party structure require the building owner to build in or on the party fence wall or party structure as the case may be to which the notice relates such chimney copings breasts jambs or flues or such piers or recesses or other like works as may reasonably be required for the convenience of the adjoining owner;

(b) may in respect of special foundations to which the adjoining owner consents under subsection (3) of section 46 (Rights of owners of adjoining lands where junction line built on) of this Act require them to be placed at a specified greater depth than that proposed by the building owner or to be constructed of sufficient strength to bear the load to be carried by columns of any intended building of the adjoining owner or may include both of these requirements; and

(c) shall specify the works required by the notice to be executed and shall be accompanied by plans sections and particulars thereof.

(3) A counter notice shall be served—

(a) in relation to special foundations within twenty-one days after the service of the party structure notice; and

(b) in relation to any other matter within one month after the service of the party structure notice.

(4) A building owner on whom a counter notice has been served shall comply with the requirements of the counter notice unless the execution of the works required by the counter notice would be injurious to him or cause unnecessary inconvenience to him or unnecessary delay in the execution of the works pursuant to the party structure notice.