Section 338 — Property Law Act 2007: Completion of work required by order under section 333

338 Completion of work required by order under section 333 (1) The work necessary to carry out an order made under section 333 must be completed within— (a) 20 working days after the date of the making of the order; or (b) a later time specified in the order or subsequently allowed by the court for the completion of the work. (2) However, the order may specify that a tree must be kept trimmed, or that a structure to which this subpart applies must be kept in good repair, or that any other work required to be done to eliminate or reduce the risk, obstruction, or interference complained of must be done— (a) as often as is necessary; or (b) at intervals specified in the order. (3) Despite subsection (2), a person who is subject to an order of the kind referred to in that subsection may apply to the court for the order to be varied if there has been a change in the circumstances that, had the change occurred before the making of that order, could reasonably be expected to have resulted in the order being different from the one that was made. (4) The court may, on an application made under subsection (3), vary the order to reflect the change in circumstances that has occurred since the order was made. (5) If the order is not duly complied with within the time specified in this section or in the order, or subsequently allowed by the court, the applicant, with the agreement of the defendant or with the leave of the court, may, in person, or through the applicant’s employees, agents, or contractors, enter onto the defendant’s land and carry out any work necessary to give effect to the order. (6) If work is done by or through the applicant under subsection (5), then, unless the parties otherwise agree or the court otherwise orders, the applicant is entitled to recover from the defendant the whole of the reasonable cost of the work necessary to give effect to the order. (7) In granting leave to an applicant under subsection (5), the court may impose any conditions it thinks fit in relation to— (a) the time by which, and the manner in which, any work necessary to give effect to the order must be carried out: (b) security or indemnity against any expenses or damage: (c) the avoidance or making good of any injury or damage: (d) the disposal of all or part of any tree or structure: (e) any other relevant matters.