PART 4SUPPLEMENTAL POWERS
Protective work to buildingsI114
1
Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any building located within the Order limits as the undertaker considers necessary or expedient.
2
Protective works may be carried out—
a
at any time before or during the construction of any part of the authorised development in the vicinity of the building; or
b
after the completion of that part of the authorised development in the vicinity of the building at any time up to the end of the period of five years beginning with the day on which that part of the authorised development is first opened for use.
3
For the purpose of determining how the powers under this article are to be exercised, the undertaker may enter and survey any building falling within paragraph (1) and any land within its curtilage.
4
For the purpose of carrying out protective works under this article to a building, the undertaker may (subject to paragraphs and )—
a
enter the building and any land within its curtilage; and
b
where the works cannot be carried out reasonably conveniently without entering land that is adjacent to the building but outside its curtilage, enter the adjacent land (but not any building erected on it) within the Order limits.
5
Before exercising—
a
a power under paragraph (1) to carry out protective works to a building;
b
a power under paragraph to enter a building and land within its curtilage;
c
a power under paragraph to enter a building and land within its curtilage; or
d
a power under paragraph to enter land,
the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days' notice of its intention to exercise the power and, in a case falling within sub-paragraph , , specifying the protective works proposed to be carried out.
6
Where a notice is served under paragraph , or , the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question of whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 35 (arbitration).
7
The undertaker must compensate the owners and occupiers of any building or land in relation to which powers under this article have been exercised for any loss or damage arising to them by reason of the exercise of the powers.
8
Where—
a
protective works are carried out under this article to a building; and
b
within the period of five years beginning with the day on which the part of the authorised development carried out in the vicinity of the building is first opened for use it appears that the protective works are inadequate to protect the building against damage caused by the construction, operation or maintenance of that part of the authorised development,
the undertaker must compensate the owners and occupiers of the building for any loss or damage sustained by them.
9
Nothing in this article relieves the undertaker from any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act.
10
Any compensation payable under paragraph or must be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
11
In this article “protective works”, in relation to a building, means—
a
underpinning, strengthening and any other works the purpose of which is to prevent damage that may be caused to the building by the construction, operation, maintenance or use of the authorised development; and
b
any works the purpose of which is to remedy any damage that has been caused to the building by the construction, operation, maintenance or use of the authorised development.