# The Coal Mining Subsidence (Blight and Compensation for Inconvenience During Works) Regulations 1994, Regulation 6: Entitlement to compensation


(1) Subject to paragraphs (2) and (3) below, a person shall be entitled to claim compensation in accordance with regulation 7 if—
(a) he is the owner of, or any other person liable to make good in whole or in part the damage to, a dwelling-house which has been affected by subsidence damage;
(b) a schedule of remedial works has come into effect in relation to that damage and the remedial works specified in that schedule have been, or are being, carried out by or on behalf of the responsible person;
(c) the total cost of the remedial works specified in the schedule of remedial works at the time the person makes a claim under regulation 7 exceeds £3,000;
(d) the remedial works were not, or have not been, completed within 6 months from the date of their commencement; and
(e) the person has resided in the dwelling-house for a total period of 6 months during the time from the commencement of the remedial works.
(2) There shall not be counted in the determination of any period of 6 months for the purposes of paragraph (1)(d) or (e) of this regulation or paragraph (2) of regulation 7 any period during which the carrying out of remedial works has ceased—
(a) at the request of the owner of, or any other person interested in, the dwelling-house;
(b) on account of any conduct on the part of any person residing in the dwelling-house; or
(c) in accordance with a stop notice.
(3) Where a person has made a claim for compensation in accordance with regulation 7, there shall not be counted for the purpose of determining the period of residence in the dwelling-house in question of any other person for the purpose of paragraph (1)(e) of this regulation any period before the completion of the remedial works to which the claim of the first person referred to above relates during which the other person resides in the dwelling-house.

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Source: https://www.legislation.gov.uk/uksi/1994/2564/regulation/6 (the official version)
Page: https://openlegislation.uk/coal-mining-subsidence-blight-and-compensation-for-inconvenience-during-works-regulations-1994/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.