Cardiff Bay Barrage Act 1993

Compensation etc. in respect of damage to gardens E+W+S+N.I.

18 (1) Where a garden belonging to a building to which this paragraph applies has suffered groundwater damage, any person who— E+W+S+N.I.

(a) has a relevant interest in the building,

(b) is entitled to carry out work to remedy the damage, and

(c) proposes to carry out such work,

may make a claim under this paragraph at any time before the end of the period of twenty years beginning with the commencement of impoundment.

(2) This paragraph applies to a building if it is within the protected property area and—

(a) the whole or any part of it is occupied as a private dwelling, or

(b) it is unoccupied but either—

(i) when it was last occupied the whole or any part of it was so occupied, or

(ii) it is intended that the whole or any part of it should be so occupied.

(3) For the purposes of this paragraph a person has a relevant interest in a building if—

(a) he is entitled to dispose of the fee simple of the building or any part of it (whether in possession or in reversion),

(b) he holds, or is entitled to the rents and profits of, the building or any part of it under a lease or agreement granted or extended for a term of years certain of which not less than three years remains unexpired, or

(c) he is a person to whom paragraph 15(6) above applies,

unless he is a mortgagee not in possession.

(4) A claim under this paragraph—

(a) shall be made in writing to the Development Corporation,

(b) shall contain details of the work which the person proposes to carry out, and

(c) shall be accompanied by three estimates of the cost of carrying out the work.

(5) On receipt of a claim under this paragraph, the Development Corporation shall consider whether the work which the person making the claim proposes to carry out is appropriate for remedying the damage.

(6) Subject to sub-paragraph (8) below, where the Development Corporation consider that the work is appropriate for that purpose—

(a) if they consider that any of the estimates accompanying the claim is reasonable, they shall pay to the person making the claim compensation of the amount specified in the estimate (or any of the estimates) which they consider reasonable, and

(b) if they consider that none of those estimates is reasonable, they shall reject the claim.

(7) Subject to sub-paragraph (8) below, where the Development Corporation do not consider that the work is appropriate for that purpose they shall—

(a) reject the claim, or

(b) give to the person making the claim details of the work which they reasonably consider to be appropriate for that purpose, including the amount which they so consider to be the cost of carrying it out, and (if he agrees to carry it out) pay to him compensation of that amount.

(8) The Development Corporation may (as an alternative to acting as mentioned in sub-paragraph (6) or (7) above)—

(a) before the end of the period of six months beginning with the day on which the claim is received by them, carry out any work which they reasonably consider to be appropriate for wholly or partly remedying the damage, and

(b) if that work is not intended wholly to remedy the damage, pay to the person making the claim compensation of the amount which they reasonably consider to be the cost of carrying out such other work as they reasonably consider to be necessary to complete the remedying of the damage.

(9) The Development Corporation shall not be required to pay any compensation under this paragraph until the work in question has been satisfactorily completed but they may, if they consider it appropriate to do so, make a payment of the whole or any part of the compensation at an earlier time.

(10) Any dispute under this paragraph as to—

(a) whether a garden has suffered groundwater damage,

(b) whether any work is appropriate for remedying groundwater damage,

(c) whether any estimate is reasonable,

(d) the amount of any compensation under sub-paragraph (7) or (8), or

(e) whether any work has been satisfactorily completed,

shall be determined in accordance with paragraph 25 below.

(11) The rejection of a claim under this paragraph, or the carrying out of work by the Development Corporation, shall not prevent the making of another such claim in respect of the same damage.