38Party walls

38 Party walls

Scope (1) This section applies if a works approval or approved plans under the Building Act show a party wall to be erected between 2 parcels of land, one of which is National Land. Meaning of party wall (2) A party wall: (a) is a wall or structure designed for the common use of 2 or more buildings and erected, or to be erected, on a common boundary, or part of that boundary, between 2 parcels of land, and extending laterally into each of those parcels of land; and (b) includes any wall that is completely or partly used to support 2 or more buildings, if the wall was erected in connection with a building for which there is a certificate of occupancy under the Building Act. Erection and maintenance of party walls (3) The lessee of each parcel of land may, during the term of the lease: (a) erect, maintain and use a party wall in the position shown on the works approval or approved plans; and (b) use any party wall so erected for the support of the building or buildings provided for, or shown, in the works approval or approved plans. (4) The lessees of the 2 parcels of land may agree on which lessee will erect the party wall and in what proportions the cost of doing so is to be borne by them. Payment of costs of party walls (5) If the lessee of one parcel of land (the first lessee) has, at the first lessee’s expense, erected a party wall, the lessee of the other parcel of land must immediately after beginning to erect a building on the other parcel of land pay to the first lessee a proportion of the cost of the erection of the party wall. (6) In apportioning the cost of erecting the party wall, a reasonable allowance must be made for depreciation of the party wall if any period has elapsed between: (a) the date of the completion of the party wall by the first lessee; and (b) the date of the beginning of the erection of a building on the other parcel of land. (7) If the lessees cannot agree about the apportionment of the cost of erecting the party wall, the Minister may, at the request of either lessee, by notice in writing given to the lessees, determine the cost of erecting the party wall and the proportion of the cost to be borne by each lessee. (8) The amount agreed on by the lessees, or determined by the Minister, as payable by one lessee to the other lessee under this section is a debt due and recoverable by the other lessee in any court of competent jurisdiction.