The responsible person1 may elect to make, and in certain circumstances must make, a depreciation payment2 instead of executing remedial works3 or making any payment in lieu4. However, the responsible person may not make a depreciation payment5 in respect of subsidence damage6 to a dwelling-house7, except after consultation with the local authority8 in whose area the dwelling-house is situated9. The responsible person may not make a depreciation payment in respect of subsidence damage to any property other than a dwelling-house, where that property is of a prescribed description10,
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