Q&As

Are there any statutory provisions which would permit an electricity distributor to repair an electricity cable underneath construction works? Alternatively, are there any statutory provisions which prevent construction works taking place within a specified distance of any underground electricity cables?

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Produced in partnership with Tracy Lovejoy of Lanyon Bowdler
Published on LexisPSL on 09/07/2019

The following Construction Q&A Produced in partnership with Tracy Lovejoy of Lanyon Bowdler provides comprehensive and up to date legal information covering:

  • Are there any statutory provisions which would permit an electricity distributor to repair an electricity cable underneath construction works? Alternatively, are there any statutory provisions which prevent construction works taking place within a specified distance of any underground electricity cables?

An electricity distributor is a potential licence holder under section 6 of the Electricity Act 1989 (EA 1989).

Underground electricity cables will frequently be the subject of easements or rights and restrictions in transfers and other property documents so a full title search should be carried out before concluding that they do not already exist.

Licence holders can apply to the Secretary of State for Energy and Climate Change for a ‘necessary wayleave’ to install and keep installed an electric line under private land and to have access to the land for the purpose of inspecting, maintaining, adjusting, repairing, etc, the line under EA 1989, Sch 4. This process is used when a request has been made and has been refused by the land

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