Australian Capital Territory Current Acts

COMMON BOUNDARIES ACT 1981 - SECT 28

If, in a building approval under the Building Act 2004

for a building to be erected on land that is leased Territory land, a party wall is shown or provided for on the common boundary, or part of that boundary, between 2 parcels of land that are leased Territory land—

        (a)     the lessee of each parcel of land may, during the term of the lease—

              (i)     erect, maintain and use a party wall in the position shown on the building plan or design; and

              (ii)     use for the support of the building or buildings provided for in, or shown on, the building plan or design and erected on the parcel of land of which he or she is lessee any party wall so erected; and

        (b)     the lessees of the 2 parcels of land may agree about the lessee by whom the party wall is to be erected and in what proportions the cost of erection is to be borne by them; and

        (c)     if the lessee of 1 parcel of land (the first lessee ) has at the lessee's expense erected a party wall—the lessee of the other parcel of land must immediately after beginning to erect a building on the other parcel of land pay to the first lessee a proportion of the cost of the erection of the party wall; and

        (d)     in default of agreement between the lessees about the apportionment of the cost of erecting a party wall—the territory planning authority may, at the request of either lessee, determine the cost of erecting the party wall and the proportion of the cost to be borne by each lessee; and

        (e)     if any period has elapsed between the date of the completion of a party wall by the lessee of 1 parcel of land and the date of the beginning of the erection of a building on the other parcel of land—a reasonable allowance must be made for depreciation of the party wall in determining the proportion payable by the other lessee of the cost of erection of the party wall; and

        (f)     the amount agreed on, or determined by the territory planning authority, as payable by 1 lessee to another lessee under this section is a debt due and recoverable by the other lessee in any court of competent jurisdiction.