Western Australian Current Acts Western Australian Current Acts (1) In this section
—
party wall building consent means the consent of
the adjoining owner to the building of a party wall, as mentioned in section
383(3) of the former provisions.
(2) A party wall
building consent that was given before commencement day is, on and from
commencement day, to be taken to be consent for the purposes of
sections 76(1)(a) and 81(2)(a).
(3) If, before
commencement day, an adjoining owner gave party wall building consent, the
building owner must bear or pay the expense of building the party wall, and
from time to time, as and when the adjoining owner makes use of the wall, the
adjoining owner must pay to the building owner such portion of that expense as
is proportionate to the use which the adjoining owner makes of the wall.
(4) Where the
adjoining owner is liable to contribute to the expenses of building a party
wall, until the contribution is paid, the building owner at whose expense it
was built stands possessed of the sole property in the structure.
(5) The adjoining
owner is liable for expenses incurred by the building owner on the adjoining
owner’s requisition under section 386 of the former provisions, and if
the adjoining owner does not pay them, the building owner may recover the
amount of the expenses from the adjoining owner in a court of competent
jurisdiction.