Section 56 – Expenses in respect of party structures

London Building Act (Amendment) Act 1939

(1) The following provisions shall apply with respect to the apportionment of expenses as between respect of the building owner and the adjoining owner:

(a) Expenses incurred in the exercise of the rights conferred by paragraph (a) of subsection (1) of section 46 (Rights of owners of adjoining lands where junction line built on) of this Act shall be defrayed by the building owner and the adjoining owner in due proportion regard being had to the use which the two owners respectively make or may make of the party structure or party fence wall;

(b) Expenses incurred in the exercise of the rights conferred by paragraph (b) of subsection (1) of the said section together with the expenses of building any additional party structure that may be required by reason of the exercise of those rights shall be defrayed by the building owner and the adjoining owner in due proportion regard being had to the use which the two owners respectively make or may make of the party wall or party structure and the thickness of such party wall or party structure required for support of the respective buildings of the two
owners;

(c) Expenses incurred in the exercise of the rights conferred by paragraph (c) of subsection (1) of the said section shall be defrayed by the building owner and the adjoining owner in due proportion regard being had to the use which the two owners respectively make or may make of the rooms or storeys rebuilt;

(d) Expenses incurred in the exercise of the rights conferred by paragraph (d) of subsection (1) of the said section shall be defrayed by the building owner and the adjoining owner in due proportion regard being had to the use which the two owners respectively make or may make of the buildings arches or structures rebuilt;

(e) Expenses incurred in the exercise of the rights conferred by—

(i) paragraphs (e) (g) (1&) (i) and (k) of subsection (1) of the said section;

(ii) paragraph (f) of subsection (I) of the said section in so far as the expenses are not expenses inourre4 in the exercise of any rights conferred by other paragraphs of the said subsection and also a fair allowance in respect of the disturbance and inconvenience caused where the expenses have been incurred in the exercise of the rights conferred by the said paragraph (f);

shall be defrayed by the building owner,

(2) Expenses incurred in the exercise of the rights conferred by paragraph (j) of subsection (1) of the said section shall be defrayed in the same manner as the expenses of the work to which they are incidental.

(3) Any expenses reasonably incurred by the building owner in executing any works in pursuance of a counter notice served on him by an adjoining owner under section 48 notices) of this Act shall be defrayed by the adjoining owner.

(4) If at any time during the execution or after the completion of works carried out in the exorcise of the rights conferred by paragraphs (e) (f) (5) or (k) of section (1) of section 46 (Rights of owners of adjoining lands where junction line built on) of this Act any use of those works or any part thereof is made by the adjoining owner additional to the use thereof made by him at the time when the works began a due proportion of the expenses incurred by the building owner in the exercise of the rights conferred by any of the said paragraphs regard being had to the additional use of the works made by the adjoining owner shall be defrayed by the adjoining owner.

(5) Where in pursuance of section 45 (Rights of owners of adjoining lands where junction line not built on) or the said section 46 of this consent in writing has been given to the construction of special foundations on ‘land of an adjoining owner, then if the adjoining owner erects any building or structure and its cost is found to be increased by reason of the existence of the said foundations the owner of the building to which the said foundations belong shall on receiving. an account with any necessary vouchers within two months after the completion of the work by the adjoining owner repay to the adjoining owner so much of the cost as due to the existence of the said foundations.

(6) Where under this Section expenses are to be defrayed in due proportion regard being had to the use made by an owner of a party structure party fence wall external wall or other work regard shall unless otherwise agreed between the building owner and the adjoining owner or provided in the award also be had to the cost of labour and materials prevailing at the time when that use is made.

London Building Act (Amendment) Act 1939