88Work not to be carried out until protection requirements met

88 Work not to be carried out until protection requirements met S. 88(1) amended by No. 33/2010 s. 19. (1) An owner who is required by the building regulations to carry out protection work in respect of an adjoining property must not carry out any building work giving rise to that requirement until— S. 88(1)(a) amended by No. 21/2017 s. 99. (a) the adjoining owner agrees or is taken to agree to the protection work; or (b) the matter is determined by the relevant building surveyor under this Part; or (c) in the case of an appeal to the Building Appeals Board in relation to the matter, the matter is determined by the Building Appeals Board. Note to s. 88(1) inserted by No. 21/2017 s. 75, substituted by No. 47/2017 s. 10. There is a right of appeal to the Building Appeals Board under section 141 against a determination under section 87 as to the appropriateness of protection work or a requirement under section 87 to give more information. Under section 146, a decision under section 87 in respect of which there is a right of appeal does not take effect until the end of the appeal period, or the decision is affirmed on appeal. S. 88(2) amended by No. 33/2010 s. 19. (2) The owner must carry out any protection work required by the building regulations— (a) if the adjoining owner has agreed to the protection work, in accordance with that agreement; or (b) if the relevant building surveyor has made a determination under this Part in respect of the protection work, in accordance with that determination; or (c) if the Building Appeals Board has made a determination under Part 10 in respect of the protection work, in accordance with that determination.