74Shoring and adequacy of adjoining property

74 Shoring and adequacy of adjoining property

74 Shoring and adequacy of adjoining property

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

(2) It is a condition of the development consent that the person having the benefit of the development consent must, at the person’s own expense—

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

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

(3) This section does not apply if—

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

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