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Coal Mining Subsidence Act 1991

Status:

This is the original version (as it was originally enacted).

34New buildings, structures or works

(1)This section applies where—

(a)the construction of any building, structure or works (“the property”) is to be begun on, in or over land to which a notice published, or deemed to have been published, under section 2 of the [1975 c. 56.] Coal Industry Act 1975 (right of Corporation to withdraw support to enable coal to be worked) relates; and

(b)that notice has not ceased, by virtue of section 35 below, to have effect for the purposes of this section.

(2)Before the construction of the property is begun, the person at whose expense it is to be constructed (“the building owner”)—

(a)shall notify the Corporation of the proposal to construct it; and

(b)if so requested by the Corporation within 14 days from the receipt of the notice, shall produce for the inspection of a person duly authorised by the Corporation in that behalf plans and specifications of the property showing its design and the proposed materials for and method of its construction; and

(c)if so requested within that period or within 7 days after the plans and specifications have been produced in accordance with paragraph (b) above, shall furnish the Corporation with copies of any such plans or specifications.

(3)At any time—

(a)within 28 days from the time when any request made by the Corporation with respect to the production or furnishing of copies of the plans and specifications has been complied with; or

(b)within such further period as the building owner may allow,

the Corporation may make such proposals as to the materials for and the method of construction of the property as appear to them to be desirable for minimising damage in the event of subsidence.

(4)If the Corporation make proposals under subsection (3) above and the property is constructed otherwise than in accordance with those proposals, the obligation to take remedial action shall be limited so as not to extend to any damage that would have been avoided if it had been so constructed.

(5)The Corporation shall have the right to have the property inspected by a person duly authorised by them in that behalf from time to time during their construction as that person may reasonably require, and if it is alleged by the Corporation that the property is being constructed otherwise than in accordance with—

(a)any plans or specifications produced or furnished to them; or

(b)any such plans or specifications as modified in accordance with proposals made by the Corporation,

as the case may be, the Corporation shall notify the building owner of the matter alleged to constitute a departure from them, and any question arising in relation to any such allegation shall be determined by arbitration.

(6)The Corporation shall pay—

(a)all costs reasonably incurred by the building owner in the production or furnishing of copies of plans and specifications pursuant to a request made by the Corporation under this section; and

(b)the amount of any addition to the expense incurred by him in constructing the property which is attributable to giving effect to the Corporation’s proposals, or to any postponement or interruption of the construction consequent upon an allegation on the part of the Corporation of a departure from plans and specifications which is determined not to have been well founded.

(7)If the building owner—

(a)fails to give notice to the Corporation in accordance with this section of the proposal to construct the property; or

(b)fails to comply with a request made by the Corporation under this section,

any remedial obligation in respect of any damage to the property shall be limited to damage which could not have been avoided by reasonable and proper precautions taken in the design and construction of the property to minimise damage in the event of subsidence.

(8)Where the property will be ecclesiastical property within the meaning of section 20 above, the Corporation shall send to the Church Commissioners a copy of any request or proposal made or notification given by them under this section.

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