Compensation for Properties above Tunnels
HS2 Limited carried out consultations between October 2012 and January 2013 with further consultations in 2013. Following this consultation in November 2013 HS2 Limited announced a number of measures which are available to owners of properties above tunnels and which will ultimately be open to those living above tunnels within Phase 2b. Each measure is designed to mitigate against the potential impact of the railway in deep tunnels and remedy adverse effects:
- Independent Surveys - HS2 Limited will pay for independent surveys to be carried out to assess whether there has been any tunnel-related settlement.
- Settlement Deeds - a legally binding deed will be introduced to provide confirmation that HS2 Limited will be responsible in perpetuity for resolving any settlement/vibration issues etc. which arise as a result of the tunnelling. This aims to provide reassurance to owners and potential purchasers/mortgage providers that they will not be responsible for any problems caused to the property as a result of the tunnels.
- Purchase of Subsoil Rights - HS2 Limited has decided to implement the same procedure as was used for Crossrail in purchasing subsoil. They will make a token payment of £50 for the subsoil plus £250 towards surveyor’s fees.
Following the consultation for Phases 1 and 2a, the Government concluded that it was not appropriate for those living above or adjacent to deep tunnels to be eligible for the full range of property compensation and assistance schemes. However it was accepted that eligible owner occupiers above deep tunnels should have the opportunity to make a case under the Need to Sell scheme.
In addition any eligible owner occupier in Phase 2b is also able to apply under the Need to Sell scheme.
Consideration of such applications will consider other factors such as surface construction and infrastructure including vent shafts and tunnel entrances.
Further information relating to compensation for properties above tunnels can be found here.
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