78Absent or incapable adjoining owner

### 78 Absent or incapable adjoining owner > > (1)  The owner of relevant premises may apply to the Director of Building Control for the appointment of a person as agent for an adjoining owner if – > > > > > > (a) the owner of the relevant premises is unable to find an adjoining owner to notify in accordance with [section 77](#GS77@EN) ; or > > > > > > > (b) an adjoining owner notified in accordance with [section 77](#GS77@EN) is not capable of representing himself or herself for the purposes of this Part. > > > (2)  An application under [subsection (1)](#GS78@Gs1@EN) is to – > > > > > > (a) be in writing; and > > > > > > > (b) specify the reasons for the application; and > > > > > > > (c) contain such information as is specified by the Director of Building Control. > > > (3)  If satisfied after receiving an application under [subsection (1)](#GS78@Gs1@EN) that an adjoining owner is unable to be found or is not capable of representing himself or herself, the Director of Building Control may appoint a suitable person to act as the agent for the adjoining owner for the purposes of this Part. > > > (4)  If the Director of Building Control appoints a person as an agent under this section, the Director of Building Control is to notify the person in writing of – > > > > > > (a) the appointment; and > > > > > > > (b) the nature of the duties to be performed as agent under the appointment; and > > > > > > > (c) the fees that may be payable to the agent by the adjoining owner for the performance of those duties; and > > > > > > > (d) any other terms and conditions the Director of Building Control thinks appropriate. > > > (5)  If the Director of Building Control appoints a person as an agent under this section – > > > > > > (a) the Director of Building Control is to notify the owner of the relevant premises of the appointment of the agent; and > > > > > > > (b) the owner of the relevant premises must notify the agent in accordance with [section 77](#GS77@EN) . > > > (6)  The appointment of an agent under this Part is according to the terms and conditions, including the payment of fees, as are specified by the Director of Building Control in the instrument of appointment. > > > (7)  Nothing in this section prevents an adjoining owner from appointing, on his or her own initiative, an agent to act on his or her behalf for the purpose of this Part.