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Updated: 29 September 2019

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Part F. Site Operations

F2. Damage to Local Authority's Property

1. Where any work connected with the demolition or erection of any building may, in the opinion of the local authority, cause or have any detrimental effect on the strength, standard, safety, quality or position of any property belonging to or vested in such local authority, the local authority may require the owner of such building to pay to the local authority such deposit or give such security, as it may require to cover the costs of the repair of any damage which may be caused by such work.

2. In the event of damage to the local authority's property being so caused the local authority may appropriate the amount of the deposit or security contemplated in subregulation (1) towards the costs of repairing such damage: Provided that if the amount of the deposit or security exceeds such costs, the balance shall be refunded to the owner: Provided further that if such costs exceed the amount of the deposit or security, such owner shall be liable to the local authority for the deficit.

3. Where any deposit contemplated in subregulation (1) has not been lodged with the local authority, the owner of such building shall pay the cost of such repair to the local authority on demand, failing which the local authority may recover such cost from the owner in a court of competent jurisdiction.

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