The Roads (Northern Ireland) Order 1993

Prevention of water falling or flowing on to roads

53.—(1) The Department may serve a notice on the owner or occupier of any building adjoining a road requiring him—

(a) to erect or repair such gutters or downpipes on the building;

(b) to construct such gutters in the footway of the road; or

(c) to carry out such other works,

as are necessary to prevent—

(i) water from the roof or any other part of the building falling upon persons using the road;

(ii) so far as is reasonably practicable, surface water from the building flowing on to, or over, the road.

(2) Every gutter in the footway of a road shall be so constructed and kept in such good condition and repair by the owner or occupier of any building served by the gutter that it does not constitute a danger or a nuisance to road users.

(3) The Department may serve a notice on the owner or occupier of any building adjoining a road requiring him to carry out such works in relation to a gutter serving that building as are necessary to comply with paragraph (2).

(4) The Department may serve a notice on the owner or occupier of land adjoining a road, requiring him to do such works as are necessary to prevent, so far as is reasonably practicable, surface water from the land flowing onto or over the road.

(5) The following are hereby repealed, namely—

(a) section 142 of the Belfast Corporation Act 1845(1); and

(b) any other transferred local provision imposing obligations on an owner or occupier of a building in relation to the construction, maintenance or repair of gutters serving the building in footways adjoining the building.

(1)

1845 c. cxlii