83VOwner may recover money paid to private building surveyor

83V Owner may recover money paid to private building surveyor (1) This section applies if an owner of a building or land has appointed a private building surveyor and paid money to that private building surveyor for the private building surveyor to carry out certain functions under section 76 relating to that building or land. (2) The owner may recover all or part of the money paid to the private building surveyor in a court of competent jurisdiction as a debt due to the owner if— (a) the private building surveyor can no longer carry out the functions referred to in subsection (1) for any of the reasons listed in paragraphs (a) to (g) of section 83B(1); and (b) before becoming unable to carry out those functions, the private building surveyor had not completed those functions; and (c) the uncompleted functions are not to be completed by a manager appointed under section 83B because the owner has not consented to the completion of the work by a manager. Under section 83H(2) a person who appointed a private building surveyor must consent to the manager completing the work for which the private building surveyor was appointed.