Section 84 Paving and drainage of yards and passages.C1C2
England and Wales
If a court or yard appurtenant to, or a passage giving access to, buildings to which this section applies—
is not so formed, flagged, asphalted or paved, or
is not provided with such works on, above or below its surface,
as to allow of the satisfactory drainage of its surface or subsoil F1to a proper outfall (having regard both to the need to remove water from the court, yard or passage and also to the need to dispose of it satisfactorily in the course of or after its removal), the local authority may by notice require any person who is the owner of any of the buildings to execute all such works as may be necessary to remedy the defect.
Sections 99 and 102 below apply in relation to a notice given under subsection (1) above.
The buildings to which this section applies are houses and industrial and commercial buildings.
This section applies in relation to any court, yard or passage that is used in common by the occupiers of two or more houses, or a house and a commercial or industrial building, but is not a highway maintainable at the public expense.
Annotations
Textual amendments
- F1
Words in s. 84(1) substituted (2.5.2018 for W. for specified purposes, 7.1.2019 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 3 para. 26(4) (with s. 49(1)(6)); S.I. 2018/557, arts. 2(b), 3(b)
Modifications
- C1
S. 84 applied (with modifications) (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2
S. 84 applied (with modifications) (10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2
- C2
S. 84: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2
S. 84: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8(1)(3), Sch. 2