Section 28 Power of county court to authorise works and order payments.C1

England, Wales and Scotland

(1)

If works are reasonably necessary in or in connection with a building in order to enable the building to be used for some purpose without contravention of any of the provisions of this Act, the occupier of the building—

(a)

may, if by reason of a restriction affecting his interest in the building he is unable to carry out the works without the consent of the owner of the building or some other person interested therein and is unable to obtain that consent, apply to the county court for an order to enable the works to be carried out by him; and

(b)

may, if he considers that the whole or any proportion of the cost of carrying out the works should be borne by the owner of the building or some other person interested therein, apply to the county court for an order directing the owner or other person to indemnify him, either wholly or in part, in respect of the cost thereof,

and on an application under either of the preceding paragraphs the court may make such order as may appear to the court to be just.

(2)

In the application of this section to Scotland for any reference to the county court there shall be substituted reference to the sheriff.

Section 28 Power of county court to authorise works and order payments.C1

Annotations

Modifications

Notes on the whole Act

Textual amendments