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Part IIIE+W Other Provisions about Buildings

Defective premises, demolition etc.E+W

83 Appeal against notice under s. 81.E+W

(1)Section 102 below applies in relation to a notice given under section 81 above.

(2)Among the grounds on which an appeal may be brought under section 102 below against such a notice are—

(a)in the case of a notice requiring an adjacent building to be shored up, that the owner of the building is not entitled to the support of that building by the building that is being demolished, and ought to pay, or contribute towards, the expenses of shoring it up,

(b)in the case of a notice requiring any surfaces of an adjacent building to be weatherproofed, that the owner of the adjacent building ought to pay, or contribute towards, the expenses of weatherproofing those surfaces.

(3)Where the grounds on which an appeal under section 102 below is brought include a ground specified in subsection (2) above—

(a)the appellant shall serve a copy of his notice of appeal on the person or persons referred to in that ground of appeal, and

(b)on the hearing of the appeal the court [F1or tribunal] may make such order as it thinks fit—

(i)in respect of the payment of, or contribution towards, the cost of the works by any such person, or

(ii)as to how any expenses that may be recoverable by the local authority are to be borne between the appellant and any such person.

Textual Amendments

F1Words in s. 83(3)(b) inserted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 22; S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)