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Housing and Regeneration Act 2008

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This is the original version (as it was originally enacted).

17Power to enter and survey land
This section has no associated Explanatory Notes

(1)Any person authorised by the HCA may, at any reasonable time and subject as follows, enter any land for the purpose of surveying it, or estimating its value, in connection with—

(a)any proposal for the HCA to acquire that land or any other land, or

(b)any claim for compensation in respect of any such acquisition.

(2)A person authorised under subsection (1) to enter any land—

(a)must, if required, produce evidence of the authority before entering the land, and

(b)must not demand admission as of right to the land unless the HCA has served notice of the intended entry on every owner or occupier of the land not less than 28 days before the making of the demand.

(3)A notice under subsection (2)(b) must—

(a)state the purpose for which entry is required, and

(b)inform the person to whom it is given of the person’s rights under this section and, if applicable, section 18.

(4)A person interested in any land may recover compensation from the HCA in respect of any damage done to the land—

(a)in the exercise of a right of entry under this section, or

(b)in making a survey under this section.

(5)Section 118 of the Town and Country Planning Act 1990 (c. 8) (determination of claims for compensation) applies in relation to compensation under subsection (4) as it applies in relation to compensation under Part 4 of that Act.

(6)A person (“A”) commits an offence if A intentionally obstructs another person (“B”) in the exercise of B’s powers under subsection (1) above.

(7)A person who commits an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(8)In subsection (2)(b) “owner” has the same meaning as in the Acquisition of Land Act 1981 (c. 67).

(9)The references in subsections (4) and (6) to this section or subsection (1) include references to those provisions as extended by section 18.

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