56Party walls

### 56 Party walls > > (1)  An owner of property who intends to build a party wall on the boundary of adjoining premises is to give written notice to the owner of the adjoining premises of – > > > > > > (a) [*\[Section 56 Subsection (1) amended by No. 17 of 1996, Applied:19 Mar 2020\]*](/view/html/inforce/2020-03-19/act-1996-017#AT@EN) the intention to build the party wall; and > > > > > > > (b) the details of the wall that is intended to be built, including proposed materials and dimensions. > > > (2)  If the owner of the adjoining premises consents to the building of the party wall – > > > > > > (a) the wall is to be built in the position on the boundary of the adjoining premises as agreed in writing by both parties; and > > > > > > > (b) the costs incurred are payable as agreed in writing by both parties; and > > > > > > > (c) if the party wall is to be built on land registered under the *Land Titles Act 1980*, an instrument creating an easement of support in respect of the wall is to be prepared, executed and registered as agreed by both parties. > > > (3)  An owner of property must not build a party wall on the boundary of adjoining premises if the owner of the adjoining premises – > > > > > > (a) does not consent to the building of the wall; or > > > > > > > (b) does not agree with who is to be liable for the costs for building the wall; or > > > > > > > (c) if the party wall is to be built on land registered under the *Land Titles Act 1980*, does not agree to the preparation, execution or registration of the instrument creating an easement of support in respect of the wall as required under [subsection (2)(c)](#GS56@Gs2@Hpc@EN) . > > > (4)  The owner of premises who builds a party wall in accordance with this section is the owner of the party wall until – > > > > > > (a) if the owner of the adjoining premises is liable for any of the costs associated with building the wall, those costs are paid; and > > > > > > > (b) if the party wall is built on land registered under the *Land Titles Act 1980*, either party applies to the Recorder of Titles under the *Land Titles Act 1980* for a memorandum to be entered into the Register maintained under that Act to show the party wall on both certificates of title.