Street, Drainage and Building Act 1974 · s 33

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33.
Projections from houses not to be allowed
(1)  The local authority may give notice in writing to the owner or occupier of any house or building to remove or alter any projection, encroachment or obstruction which has been or may be erected or placed against or in front of such house or building, if the same overhangs or juts into or in any way projects into or encroaches upon or is an obstruction to the safe and convenient passage along any public street or obstructs or projects or encroaches into or upon any aqueduct, drain or sewer in such street.

Same to be removed
(2)  Such owner or occupier shall, within fourteen days or such extended time as the local authority may allow, after the service of such notice upon him, remove such projection, encroachment or obstruction or alter the same in such manner as therein directed.

Street, Drainage and Building                             49

Owner may recover expenses from occupier
(3)  In case such projection, encroachment or obstruction was made or put up by the occupier and the expenses of removing or altering the same have been paid by the owner, including a payment by the owner to the local authority when the work has been executed by it under the power hereinafter provided, then the owner shall be entitled to recover the reasonable expenses from the occupier.

Occupier may recover expenses from owner
(4)   In case such projection, encroachment or obstruction was not made or put up by the occupier and the expenses of removing or altering the same have been paid by him, including a payment by him to the local authority when the work has been executed by it under the power hereinafter provided, then the occupier shall be entitled to deduct the reasonable expenses from the rent payable by him to the owner.

Local authority to pay if erection lawful
(5)  If such projection, encroachment or obstruction has been lawfully made, the local authority shall pay the expenses of the removal or alteration thereof and make reasonable compensation to every person who suffers damage by such removal or alteration and, if any dispute arises touching the amount of such compensation, the same shall be ascertained in the manner hereinafter provided.

Projecting verandahs, etc., may be made in streets not less than 40
feet wide

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s 33Projections from houses not to be allowed

(1)

The local authority may give notice in writing to the owner or occupier of any house or building to remove or alter any projection, encroachment or obstruction which has been or may be erected or placed against or in front of such house or building, if the same overhangs or juts into or in any way projects into or encroaches upon or is an obstruction to the safe and convenient passage along any public street or obstructs or projects or encroaches into or upon any aqueduct, drain or sewer in such street.

Same to be removed

(2)

Such owner or occupier shall, within fourteen days or such extended time as the local authority may allow, after the service of such notice upon him, remove such projection, encroachment or obstruction or alter the same in such manner as therein directed.

Street, Drainage and Building 49

Owner may recover expenses from occupier

(3)

In case such projection, encroachment or obstruction was made or put up by the occupier and the expenses of removing or altering the same have been paid by the owner, including a payment by the owner to the local authority when the work has been executed by it under the power hereinafter provided, then the owner shall be entitled to recover the reasonable expenses from the occupier.

Occupier may recover expenses from owner

(4)

In case such projection, encroachment or obstruction was not made or put up by the occupier and the expenses of removing or altering the same have been paid by him, including a payment by him to the local authority when the work has been executed by it under the power hereinafter provided, then the occupier shall be entitled to deduct the reasonable expenses from the rent payable by him to the owner.

Local authority to pay if erection lawful

(5)

If such projection, encroachment or obstruction has been lawfully made, the local authority shall pay the expenses of the removal or alteration thereof and make reasonable compensation to every person who suffers damage by such removal or alteration and, if any dispute arises touching the amount of such compensation, the same shall be ascertained in the manner hereinafter provided.

Projecting verandahs, etc., may be made in streets not less than 40

feet wide