Section 34 — Presumptions and defences

(1)In any proceedings instituted under this Act for the commencement or carrying out of any building works on any premises in contravention of the provisions of this Act or the building regulations, the owner of the premises at the time the building works were commenced or carried out is presumed, until the contrary is proved, to be the person commencing or carrying out the building works.

(2)Where anything is required under this Act to be done by the owner of a building, and there is more than one owner of the building, it is a defence to any prosecution for failing to do that thing —

(a)that the thing was done by another owner of the building; or

(b)that any notice or order in respect of the thing required under this Act to be served on the owner was served on another owner of the building and not on the person charged.