TASIn ForceAct
Building Act 2016
84Condition of adjoining premises
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### 84 Condition of adjoining premises
> > (1) Before carrying out protection work or allowing protection work to be carried out, an owner of relevant premises must –
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> > > > (a) make a full and adequate assessment of each adjoining premises with the adjoining owner; and
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> > > > (b) make a record of all existing cracks and defects in the adjoining premises.
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> > (2) A record under [subsection (1)(b)](#GS84@Gs1@Hpb@EN) must be signed by the owner of the relevant premises and the adjoining owner as an agreed record of the condition of the adjoining premises.
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> > (3) A record under [subsection (1)(b)](#GS84@Gs1@Hpb@EN) is taken to be signed by an adjoining owner if –
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> > > > (a) the owner of the relevant premises provides the record to the adjoining owner; and
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> > > > (b) the adjoining owner fails to sign the record and return it to the owner of the relevant premises within the prescribed period; and
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> > > > (c) the owner of the relevant premises –
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> > > > > > (i) signs and dates a copy of the record; and
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> > > > > > (ii) specifies in writing, on the copy of the record, the date on which the adjoining owner was provided with the record under [paragraph (a)](#GS84@Gs3@Hpa@EN) ; and
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> > > > > > (iii) provides the adjoining owner with a copy of the copy so signed and annotated.
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> > (4) A record under [subsection (1)(b)](#GS84@Gs1@Hpb@EN) signed in accordance with [subsection (2)](#GS84@Gs2@EN) , or taken to be signed in accordance with [subsection (3)](#GS84@Gs3@EN) –
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> > > > (a) is admissible as evidence in proceedings under this Act relating to the adjoining premises; and
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> > > > (b) is evidence of the condition of the adjoining premises at the time the record was made.