Road Runner LORD JUSTICE CHADWICK – a surveyor appointed under section 10 of the Act has the opportunity and the right to enter upon the premises of both the building owner and the adjoining owner “for the purposes of carrying out the object for which he is appointed or selected” – it is argued that this only applies to the surveyor appointed by the person carrying out the works. It is further argued that the person carrying out the works is the Building Owner. These arguments are both incorrect;
Who is a Building Owner Under the Act?
Section 21 of the act interprets building owner”; “means an owner of land who is desirous of exercising rights under this Act”: Therefore if the adjoining owner wishes to exercise a Section 8 Right of entry they are a Building Owner under the act.
When Notices have been served
If a dispute has arisen and works are suspected of commencing (i.e. underpinning) and no award is in place the adjoining owner can serve notice of entry.
When Notices have not been served
If notices have not been served and it is suspected that works subject to the act are being carried out (i.e. underpinning) and the adjoining owner appoints a surveyor who calls upon the Building Owner to appoint a surveyor a dispute is deemed to have arisen.
The rights then extend to:
8 (1)A building owner, his servants, agents and workmen may during usual working hours enter and remain on any land or premises for the purpose of executing any work in pursuance of this Act and may remove any furniture or fittings or take any other action necessary for that purpose.
8 (2)If the premises are closed, the building owner, his agents and workmen may, if accompanied by a constable or other police officer, break open any fences or doors in order to enter the premises.