Commentary on provisions of the Act Schedule 22: Buildings Raising of chimneys
Paragraph 4 modifies section 73 of the 1984 Act which makes provision for the protection of an owner ("the adjoining owner") where a person ("the building owner") erects or raises a building to a greater height than the chimney of an adjoining building. In such a case the local authority can require the building owner to increase the height of the chimney of the adjoining building. However, if the adjoining owner so requires, the works must be carried out by the adjoining owner at the expense of the building owner. Paragraph 4 provides that where the taller building is held by the Secretary of State or the nominated undertaker for Phase One purposes, the adjoining owner cannot insist on carrying out the works if that would require entry onto relevant Phase One land (as defined by paragraph 4(3)). So, unless the Secretary of State or nominated undertaker consents to the adjoining owner entering the relevant Phase One land, the works must be carried out by the nominated undertaker.