112. Raising of chimney.

112.     Raising of chimney.

Where, after 3 October 19611:

  1.  

    (1)     a person erects2 or raises a building (the 'taller building') to a greater height than an adjoining building3; and

  2.  

    (2)     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 building4,

the local authority5 may by notice6:

  1.  

    (a)     require that person, within such time as may be specified in the notice, to build up those chimneys and flues, if it is reasonably practicable so to do, so that