Q&As

Where a statutory undertaker requires access to a property to carry out statutory gas works, can the property owner claim compensation from the statutory undertaker in respect of any costs it incurs as a result of these works, for example for the removal and storage of furniture?

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Produced in partnership with Jonathan Edwards of Radcliffe Chambers
Published on LexisPSL on 17/11/2017

The following Property Q&A produced in partnership with Jonathan Edwards of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • Where a statutory undertaker requires access to a property to carry out statutory gas works, can the property owner claim compensation from the statutory undertaker in respect of any costs it incurs as a result of these works, for example for the removal and storage of furniture?
  • Rights of entry
  • Damage
  • Performance standards
  • Common law claims
  • Conclusion

Rights of entry

As with supplies of water and electricity, those who carry out essential functions relating to the supply of gas have powers of entry for various purposes. Among such powers, paragraph 23 of Schedule 2B to the Gas Act 1986 (GA 1986) includes a power of entry where necessary in order to perform the duty to maintain service pipes. GA 1986, Sch 2B, para 27 provides a specific power of entry for the purpose of placing, repairing or altering a pipe. For the purposes of this Q&A we have assumed that a power of entry is being validly exercised, in which case the starting point is that entering the property and carrying out the works is not itself wrongful.

Damage

The carrying out of gas works may involve damage being caused to the prope

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