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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 December 2009 - onwards
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44. Rights of building owner.

(1) Subject to subsection (2), a building owner may carry out works to a party structure for the purpose of -

(a) compliance with any statutory provision or any notice or order under such a provision, or

(b) carrying out development which is exempted development or development for which planning permission has been obtained or compliance with any condition attached to such permission, or

(c) preservation of the party structure or of any building or unbuilt-on land of which it forms a part, or

(d) carrying out any other works which -

(i) will not cause substantial damage or inconvenience to the adjoining owner, or

(ii) if they may or will cause such damage or inconvenience, it is nevertheless reasonable to carry them out.

(2) Subject to subsection (3), in exercising any right under subsection (1) the building owner shall -

(a) make good all damage caused to the adjoining owner as a consequence of the works, or reimburse the adjoining owner the reasonable costs and expenses of such ma

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