(1) A building owner who is in dispute with an adjoining owner with respect to exercise of rights under section 44 may apply to the court for an order authorising the carrying out of specified works (a "works order").

(2) In determining whether to make a works order and, if one is to be made, what terms and conditions should be attached to it, the court shall have regard to section 44 and may take into account any other circumstances which it considers relevant.