133AS Territorial authority may carry out seismic work

(1)

This section applies if seismic work on a building or a part of a building that is subject to an EPB notice is not completed by the deadline that applies under section 133AM, or is not proceeding with reasonable speed in the light of that deadline.

(2)

The territorial authority may apply to the District Court for an order authorising the territorial authority to carry out seismic work on the building or the part of the building.

(3)

Before the territorial authority applies to the District Court under subsection (2), the territorial authority must give the owner of the building or the part of the building not less than 10 days’ written notice of its intention to do so.

(4)

If a territorial authority carries out seismic work on a building or a part of a building under the authority of an order made under subsection (2),—

(a)

the owner of the building or part is liable for the costs of the work; and

(b)

the territorial authority may recover those costs from the owner; and

(c)

the amount recoverable by the territorial authority becomes a charge on the land on which the work was carried out.

(5)

Seismic work authorised to be done under this section may include the demolition of a building or part of a building.

Compare: 1991 No 150 s 65(4), (5)

Section 133AS: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).