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Building Act 2016
81Effect of disagreement in relation to proposed protection work
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### 81 Effect of disagreement in relation to proposed protection work
> > (1) If an adjoining owner notifies the owner of relevant premises that the adjoining owner disagrees with all, or part, of the proposed protection work, the owner of the relevant premises must –
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> > > > (a) if the protection work relates to –
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> > > > > > (i) building work or demolition work to be performed at the relevant premises, refer the matter to the building surveyor engaged in respect of the work; or
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> > > > > > (ii) plumbing work to be performed at the relevant premises, refer the matter to the relevant permit authority; and
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> > > > (b) inform the adjoining owner of the referral.
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> > (2) If a disagreement in relation to proposed protection work is referred to a building surveyor under [subsection (1)(a)(i)](#GS81@Gs1@Hpa@Hqi@EN) , the building surveyor –
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> > > > (a) may request any additional information from the owner of the relevant premises, or the adjoining owner, that the building surveyor thinks relevant; and
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> > > > (b) is to provide a copy of any additional information received under paragraph (a) to the owner of the relevant premises and the adjoining owner; and
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> > > > (c) is to make a determination as to how, and what type of, proposed protection work is to be performed.
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> > (3) If a disagreement in relation to proposed protection work is referred to a permit authority under [subsection (1)(a)(ii)](#GS81@Gs1@Hpa@Hqii@EN) , the permit authority –
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> > > > (a) may request any additional information from the owner of the relevant premises, or the adjoining owner, that the permit authority thinks relevant; and
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> > > > (b) is to provide a copy of any additional information received under paragraph (a) to the owner of the relevant premises and the adjoining owner; and
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> > > > (c) is to make a determination as to how, and what type of, proposed protection work is to be performed.
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> > (4) A person who makes a determination under [subsection (2)(c)](#GS81@Gs2@Hpc@EN) , or [subsection (3)(c)](#GS81@Gs3@Hpc@EN) , is to give a written copy of that determination to the owner of the relevant premises and each adjoining owner.