Housing Act 1988

Power to override easements E+W

5 (1) The erection, construction or carrying out, or maintenance of any building or work on land which has been vested in or acquired by a housing action trust for the purposes of Part III of this Act, whether done by the trust or by any other person, is authorised by virtue of this paragraph if it is done in accordance with planning permission, notwithstanding that it involves interference with an interest or right to which this paragraph applies, or involves a breach of a restriction as to the user of land arising by virtue of a contract. E+W

[F1 (1A) The use of any land in England which has been vested in or acquired by a housing action trust for the purposes of Part 3 of this Act, whether the use is by the trust or by any other person, is authorised by virtue of this paragraph if it is in accordance with planning permission even if the use involves—

(a) interference with an interest or right to which this paragraph applies, or

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

(2) Nothing in sub-paragraph (1) [F2 or (1A)] above shall authorise interference with any right of way or right of laying down, erecting, continuing or maintaining apparatus on, under or over land, being a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking or a right conferred by or in accordance with [F3 the electronic communications code] on the operator of [F4 an electronic communications code network]

(3) This paragraph applies to the following interests and rights, that is to say, any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.

(4) In respect of any interference or breach in pursuance of sub-paragraph (1) [F5 or (1A)] above, compensation shall be payable under section 7 or section 10 of the M1 Compulsory Purchase Act 1965, 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 the compensation is to be estimated in connection with a purchase by a housing action trust or the injury arises from the execution of works on [F6 , or use of,] land acquired by such a trust.

(5) Where a person other than the housing action trust by or in whom the land in question was acquired or vested is liable to pay compensation by virtue of sub-paragraph (4) above and fails to discharge that liability, the liability shall (subject to sub-paragraph (6) below) be enforceable against the trust.

(6) Nothing in sub-paragraph (5) above shall be construed as affecting any agreement between the trust and any other person for indemnifying the trust against any liability under that sub-paragraph.

(7) Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned insub-paragraph (1) [F7 or (1A)] above.

(8) Nothing in this paragraph shall be construed as authorising any act or omission on the part of a housing action trust, or of any body corporate, in contravention of any limitation imposed by law on its capacity by virtue of the constitution of the trust or body.

Textual Amendments

F1 Sch. 10 para. 5(1A) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 194, 241, Sch. 9 para. 3(2) (with s. 226); S.I. 2009/400, art. 3(h)

F2 Words in Sch. 10 para. 5(2) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 194, 241, Sch. 9 para. 3(3) (with s. 226); S.I. 2009/400, art. 3(h)

F3 Words in Sch. 10 Pt. 2 para. 5 substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 94(2)(a) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

F4 Words in Sch. 10 Pt. 2 para. 5 substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 94(2)(b) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

F5 Words in Sch. 10 para. 5(4) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 194, 241, Sch. 9 para. 3(4)(a) (with s. 226); S.I. 2009/400, art. 3(h)

F6 Words in Sch. 10 para. 5(4) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 194, 241, Sch. 9 para. 3(4)(b) (with s. 226); S.I. 2009/400, art. 3(h)

F7 Words in Sch. 10 para. 5(7) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 194, 241, Sch. 9 para. 3(5) (with s. 226); S.I. 2009/400, art. 3(h)

Marginal Citations

M1 1965 c. 56.