Where there is a dispute about the building rules, a party to the dispute may apply to the court for a determination. The dispute must relate to:
- the effect of the rules in specific circumstances
- the manner in which they are to be carried into effect
- whether the rules should be modified
- whether the rules in a matter relating to building work have been satisfied
- the construction of a party wall and who is to bear the costs of its construction
- any other prescribed matter.
These disputes are heard and determined by one or more commissioners of the Environment Resources and Development Court (not a Judge) who will determine the matter as a building referee. The commissioner can however refer any matter of law to a Judge of the Court for determination. No appeal lies from a commissioner's decision on a question of fact.
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