Commentary on provisions of the Act Part 1: Further and supplementary provisions Support of buildings
Paragraph 2(1) enables the nominated undertaker to support or strengthen buildings that may be affected by construction on giving 8 weeks’ notice to the occupier. This is because there may be cases where construction can lead to ground movement which requires supporting or strengthening work to be carried out for nearby buildings. These powers apply to buildings within the relevant distance of the works (see paragraph 6(3)).
	Paragraph 2(2) provides for recourse to arbitration if the occupier disputes the need for or expediency of the supporting work within 21 days, and paragraph 2(3) enables an arbitrator to prescribe how such works are to be undertaken if he or she thinks they should be done.
	Paragraph 2(4) contains provisions for the nominated undertaker to enter adjacent land to carry out the supporting works if they cannot reasonably conveniently be carried out without doing so. The nominated undertaker must give the owners of the adjacent land 14 days’ notice.
	Paragraph 2(5) provides that the power under paragraph 2(1) or (4) may be exercised without notice in an emergency.
	Paragraph 2(6) permits the nominated undertaker to enter and survey buildings and land to decide whether or how to carry out supporting work.
	Under paragraph 2(7) the nominated undertaker may, in order to strengthen or support a building, leave equipment or material in, next to or under it, or on or under land in its vicinity.
	Paragraph 3 provides that the nominated undertaker may carry out further supporting or strengthening works for a building previously supported under paragraph 2 on giving 8 weeks’ notice. Paragraph 3(2) sets out the period within which this can be done, namely 5 years from when the Phase One work necessitating the previous supporting work was brought into general use.
	Paragraph 3(3) to (8) mirror, for the further supporting works, paragraph 2(2) to (7).
	Paragraph 4 allows the nominated undertaker to install and operate monitoring apparatus on any building to measure movement and the effectiveness of supporting work. Similar provisions about objections and arbitration, entry onto adjacent land and surveying apply as for paragraph 2 of the Schedule. Under paragraph 4(7) the nominated undertaker may also from time to time maintain, repair or alter the position of monitoring apparatus and take readings from it.
	Paragraph 5 applies paragraphs 2 to 4 to the apparatus of a utility undertaker or relevant pipe-lines belonging to another body. This is subject to the modifications in paragraph 5(2).