Section 73: Raising of chimney.

Building Act 1984 · 1984 c. 55View on legislation.gov.uk

Part III: Other Provisions about Buildings

Where, after the 3rd October 1961 (which was the date of commencement of the relevant provisions of the Public Health Act 1961)—

a person erects or raises a building (in this section referred to as "the taller building") to a greater height than an adjoining building, and
any chimneys or flues of an adjoining building are in a party wall between the two buildings or are six feet or less from the nearest part of the taller building,

except that, if the said owner or occupier, within fourteen days from the date of service of the notice on him, serves on the first-mentioned person and on the local authority a notice (in this section referred to as a "counter-notice") that he elects to carry out the work himself, the owner or occupier shall comply with the notice served under paragraph (i) above instead of the first-mentioned person and may recover the expenses reasonably incurred in so doing from that person.

A person on whom a notice is served under paragraph (i) or paragraph (ii) of subsection (1) above may appeal to the appropriate court or tribunal.

If—

a person on whom a notice is served under paragraph (i) of subsection (1) above fails to comply with the notice, except in a case where the owner or occupier of an adjoining building has refused to allow entry on that building, or has refused to allow the carrying out of any such work as may be necessary to comply with the notice, or has served a counter-notice, or
a person on whom a notice is served under paragraph (ii) of subsection (1) above fails to comply with the notice or, having served a counter-notice, fails to comply with the notice served under paragraph (i) of that subsection,

he is liable on summary conviction to a fine not exceeding level 1 on the standard scale, and the local authority may themselves carry out such work as may be necessary to comply with the notice served under the said paragraph (1), and recover the expenses reasonably incurred in doing so from the person on whom that notice was served.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.