153Shoring and adequacy of adjoining property

153 Shoring and adequacy of adjoining property

153 Shoring and adequacy of adjoining property

(1) This section applies to a complying development certificate for development that involves excavation that extends below the level of the base of the footings of a building, structure or work, including a structure or work in a road or rail corridor, on adjoining land.

(2) The complying development certificate must be issued subject to a condition that the person having the benefit of the certificate must, at the person’s own expense—

(a) protect and support the building, structure or work from possible damage from the excavation, and

(b) if necessary, underpin the building, structure or work to prevent damage from the excavation.

(3) This section does not apply if—

(a) the person having the benefit of the complying development certificate owns the adjoining land, or

(b) the owner of the adjoining land has given written consent to the condition not applying.