NSWIn ForceRegulation
Environmental Planning and Assessment Regulation 2021
153Shoring and adequacy of adjoining property
Start here
Get a plain-English read of 153
Turn the raw legal text into a practical explanation grounded in Environmental Planning and Assessment Regulation 2021.
#### 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.