Housing and Regeneration Act 2008

Part 1 E+W Powers to override easements etc.

Powers to override easements etc. in undertaking works or using land E+W

1 (1) The HCA or any other person may undertake any construction or maintenance works on land of the HCA even if undertaking the works involves— E+W

(a) interference with a relevant right or interest, or

(b) a breach of a restriction as to the user of land arising by virtue of a contract.

(2) But the construction or maintenance works must still be in accordance with planning permission.

(3) The HCA or any other person may use any land of the HCA even if the use involves—

(a) interference with a relevant right or interest, or

(b) a breach of a restriction as to the user of land arising by virtue of a contract.

(4) But the use of the land must be in accordance with planning permission.

(5) Sub-paragraphs (1) to (4) do not authorise interference with—

(a) any right of way on, under or over land, or

(b) any right of laying down, erecting, continuing or maintaining apparatus on, under or over land,

if the right is a protected right.

(6) In this paragraph—

• “construction or maintenance works” means the erection, construction, carrying out or maintenance of any building or work,

• “protected right” means—

  (a)

  a right vested in, or belonging to, statutory undertakers for the purpose of carrying on their undertaking, or

  (b)

  a right conferred by, or in accordance with, the electronic communications code on the operator of an electronic communications code network,

• “relevant right or interest” means any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land (including any natural right to support),

• “statutory undertakers” means persons who are, or are deemed to be, statutory undertakers for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990 (c. 8); and “statutory undertaking” is to be read in accordance with section 262 of that Act (meaning of “statutory undertakers”).

Commencement Information

I1 Sch. 3 para. 1 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

Compensation for overridden easements etc. E+W

2 (1) Compensation is payable under section 7 or 10 of the Compulsory Purchase Act 1965 (c. 56) in respect of any interference or breach made in pursuance of paragraph 1. E+W

(2) The compensation is to be assessed in the same manner, and subject to the same rules, as in the case of other compensation under those sections in respect of injurious affection where—

(a) the compensation is to be estimated in connection with a purchase by the HCA, or

(b) the injury arises from the execution of works on, or use of, land acquired by the HCA.

(3) Sub-paragraph (4) applies if a person other than the HCA—

(a) is liable to pay compensation by virtue of sub-paragraphs (1) and (2), and

(b) fails to discharge that liability.

(4) The liability is enforceable against the HCA.

(5) But sub-paragraph (4) does not affect any agreement between the HCA and any other person for indemnifying the HCA against any liability under that sub-paragraph.

Commencement Information

I2 Sch. 3 para. 2 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)