Article 5 Compensation for loss resulting from exercise of powers of entry

England and Wales

(1)

A developer or other person is entitled to compensation if—

(a)

an authorised person enters a construction area or any premises in a construction area in exercise of powers of entry but finds no evidence of a breach of the requirement for approval, and

(b)

as a result of the exercise of those powers the developer or other person incurs loss.

(2)

If an authorised person enters a construction area or any premises in a construction area in exercise of powers of entry and a breach of the requirement for approval is found, compensation is payable—

(a)

to the developer for any loss resulting only from an unreasonable exercise of those powers;

(b)

to any other person as if no evidence of a breach were found.

(3)

Any claim for compensation must be made to the approving body within 12 months after the exercise of those powers.

(4)

Disputes about compensation are to be determined by the Upper Tribunal.