84Condition of adjoining premises

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 –

(a) make a full and adequate assessment of each adjoining premises with the adjoining owner; and

(b) make a record of all existing cracks and defects in the adjoining premises.

(2)  A record under subsection (1)(b) 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.

(3)  A record under subsection (1)(b) is taken to be signed by an adjoining owner if –

(a) the owner of the relevant premises provides the record to the adjoining owner; and

(b) the adjoining owner fails to sign the record and return it to the owner of the relevant premises within the prescribed period; and

(c) the owner of the relevant premises –

(i) signs and dates a copy of the record; and

(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) ; and

(iii) provides the adjoining owner with a copy of the copy so signed and annotated.

(4)  A record under subsection (1)(b) signed in accordance with subsection (2) , or taken to be signed in accordance with subsection (3)  –

(a) is admissible as evidence in proceedings under this Act relating to the adjoining premises; and

(b) is evidence of the condition of the adjoining premises at the time the record was made.