Paragraph 2

England, Wales and Scotland

(1)

For the purposes aforesaid the amount of the depreciation in the value of a unit of property caused by any subsidence damage shall be taken to be the amount by which the value of the property in the state in which it was immediately after the occurrence of the damage is less than the value of the property in the state in which it was immediately before the occurrence of the damage, and the value of the property in either of the said states shall be taken to be the amount which it might have been expected to realise in that state on a sale effected immediately after the damage occurred, being in the case of property comprising land or buildings a sale of the fee simple in the open market and with vacant possession subject to—

(a)

any restrictive covenant, easement, quasi-easement, or other right inuring for the benefit of other land;

(b)

any public right of way, right of common, or other right inuring for the benefit of the public or of any section thereof; and

(c)

any restriction imposed by or under any enactment,

to which the property was subject at the time immediately after the damage occurred, but free from any other incumbrance, and without regard to any liability of the property to become subject after the said time to any restriction by virtue of any enactment other than F1a closing order under section 266 of the Housing Act 1985 or under or by virtue of F2section 15, 17 or 18 of the M1Housing (Scotland) Act 1966F3or under section 114 or 119 of the Housing (Scotland) Act 1987:

Provided that—

(i)
except where F4a demolition or closing order under section 266 of the Housing Act 1985or a compulsory purchase order was in force in respect of the property immediately before the date of the occurrence of the damage, if any payment or payments would have fallen to be made under F5Part I of Schedule 24 to the Housing Act 1985, in respect of any person’s interest in the property upon a compulsory purchase thereof in pursuance of a notice to treat served immediately before that date, the amount of the depreciation in the value of the property caused by the damage shall not be taken to be less than the amount, if any, by which the full compulsory purchase value as defined in paragraph 4(2)(a) of that part of that Schedule of that interest, or of all such interests taken together, for the purposes of that compulsory purchase would have been reduced if the notice to treat had been served immediately after that date;
(ii)
in the case of a unit of property consisting of or comprising property of a kind not normally the subject of sales in the open market, provision may be made by regulations made by the Minister for ascertaining the value of the property in any state by reference to such matters as may be specified in the regulations.

(2)

In determining for the purposes of the foregoing sub-paragraph the value of any property in the state in which it was immediately after the occurrence of the damage, any right to a payment under subsection (4) of section one of this Act in respect of that damage shall be disregarded.

Annotations

Textual amendments

F1: Words substituted by virtue of Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 3 para. 2(4)(a)
F2: Words substituted by virtue of Housing (Scotland) Act 1966 (c. 49), s. 212(5)
F3: Words inserted (S.) by virtue of Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 239, Sch. 23 para. 7(5)
F4: Words substituted by virtue of Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 2(4)(b)
F5: Words substituted by virtue of Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 2(4)(c)

Marginal citations

M1: 1966 c. 49.

Notes on the whole Act

Textual amendments

F1: Act repealed (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), s. 53(2), Sch.8 (with Sch. 7); S.I. 1991/2508, art.2.
F2: Act repealed (30.11.1991) by Coal Mining (Subsidence) Act 1991 (c. 45, SIF 86), s. 53(2), Sch. 8 (with Sch. 7); S.I. 1991/2508, art. 2