Tasmanian Numbered Acts

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BUILDING ACT 2016 (NO. 25 OF 2016) - SECT 84

Condition of adjoining premises
(1)  Before carrying out protection work or allowing protection work to be carried out, an owner of relevant premises must –
(a) make a full and adequate assessment of each adjoining premises with the adjoining owner; and
(b) make a record of all existing cracks and defects in the adjoining premises.
(2)  A record under subsection (1)(b) must be signed by the owner of the relevant premises and the adjoining owner as an agreed record of the condition of the adjoining premises.
(3)  A record under subsection (1)(b) is taken to be signed by an adjoining owner if –
(a) the owner of the relevant premises provides the record to the adjoining owner; and
(b) the adjoining owner fails to sign the record and return it to the owner of the relevant premises within the prescribed period; and
(c) the owner of the relevant premises –
(i) signs and dates a copy of the record; and
(ii) specifies in writing, on the copy of the record, the date on which the adjoining owner was provided with the record under paragraph (a) ; and
(iii) provides the adjoining owner with a copy of the copy so signed and annotated.
(4)  A record under subsection (1)(b) signed in accordance with subsection (2) , or taken to be signed in accordance with subsection (3)  –
(a) is admissible as evidence in proceedings under this Act relating to the adjoining premises; and
(b) is evidence of the condition of the adjoining premises at the time the record was made.



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