79Adjoining owner may respond to protection work notice

79 Adjoining owner may respond to protection work notice

(1)  An adjoining owner who receives a protection work notice may, within the prescribed period after receiving the notice, notify the owner of the relevant premises that the adjoining owner –

(a) agrees to the proposed protection work as specified in the notice; or

(b) disagrees with all, or part, of the proposed protection work as specified in the notice and, if relevant, specifies changes to be made to the proposed protection work; or

(c) requests further information in respect of the proposed protection work.

(2)  [Section 79 Subsection (2) substituted by No. 39 of 2018, s. 9, Applied:01 Jan 2017] If an adjoining owner requests further information under subsection (1)(c) , the owner of the relevant premises must –

(a) forward the request to –

(i) if the protection work relates only to plumbing work, the relevant permit authority; or

(ii) in any other case, the relevant building surveyor; and

(b) if the person receiving the request under paragraph (a) determines that the request is reasonable, provide the adjoining owner with the further information requested within the specified period; and

(c) if the person receiving the request under paragraph (a) determines that the request is not reasonable, notify the adjoining owner of that determination within the specified period.

(3)  If further information is provided under subsection (2)(b) , the adjoining owner must notify the owner of the relevant premises that the adjoining owner –

(a) agrees to the proposed protection work as specified in the notice and detailed in the further information; or

(b) disagrees with all, or part, of the proposed protection work as specified in the notice and, if relevant, specifies changes to be made to the proposed protection work.