Civil Code (Cap. 16), article 440

440. (1) Notwithstanding the observance of the distance prescribed in the last precedi ng article, whosoever makes any excavation, shall be bound to m ake good any damage caused by such excavation to his neighbour’s building, provided such building has been constructed acco rding to the usages and the r ules of art prevailing at the time of its construction. (2) Nevertheless, no liability f or damages is incurred, if the excavation is made at the distance which the court, upon the demand of the party wishing to make the excavation, shall have fixed, according to circumstance s, or if such party has execute d such works as, according to circu mstances, shall have been orde red by the court so as to avoid causing any damage to the neighbour . Distance of sink- pipes or water- pipes.