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.