Section 11: Prescription of a building line

11. Prescription of a building line (1) Subject to this section, a highway authority may, with the approval of the Minister, prescribe, in relation to one or both sides of a road for which it is responsible, a frontage line for building which shall be known as a “building line”. (2) (a) Where a building line is in force, no new structure other than a boundary wall or fence, shall be erected, and no permanent excavation of the road shall be made, nearer to the centre line of the road than the building line, except with the consent of the authority which prescribed the line. (b) The authority may give its consent for such period and subject to such conditions as it thinks expedient. (c) The prohibition imposed by this subsection shall not apply to undertakers’ works. (3) A highway authority may revoke a building line which it has prescribed, where, in the opinion of the authority, the line is no longer necessary or desirable. R28 – 7 [Issue 1] Roads Act (4) The First Schedule shall apply to the prescription of a building line and to the revocation of the line. (5) No person shall be entitled to recover from the authority which prescribes a building line any compensation unless his property has been injuriously affected by the prescription of such line. (6) No compensation shall be payable under subsection (5)— (a) unless the claim is made within 3 months from the date on which the building line was prescribed, or, where the claimant is a person to whom a notice of the prescription of the line was required to be given under paragraph 3 of the First Schedule, within 3 months from the date on which such a notice was given to him; or (b) on account of anything done after the date on which a notice of the proposal to prescribe the line was served, not being a thing done for the purpose of finishing a building, the erection of which had begun before that date, or of carrying out a contract made before that date.