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)  [*\[Section 79 Subsection (2) substituted by No. 39 of 2018, s. 9, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2018-039#GS9@EN) If an adjoining owner requests further information under [subsection (1)(c)](#GS79@Gs1@Hpc@EN) , 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)](#GS79@Gs2@Hpa@EN) 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)](#GS79@Gs2@Hpa@EN) 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)](#GS79@Gs2@Hpb@EN) , 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. > > > (4)  If a request for further information was refused under [subsection (2)(c)](#GS79@Gs2@Hpc@EN) , 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 any 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. > > > (5)  An adjoining owner who – > > > > > > (a) receives a protection work notice; and > > > > > > > (b) fails to respond in respect of the notice within the prescribed period after receiving the notice, or such further period as is specified in this section – > > > > is taken to have agreed to the proposed protection work as specified in the notice.