Section 20

Compensation under this Act in respect of the doing of any work on any land is payable only if the annual value of the land is diminished by reason of the doing of the work.

The compensation payable under this Act in respect of the doing of any work on any land is, in the first instance, a sum calculated by reference to the diminution of the annual value of the land ascribable to the doing of the work, and must be paid in instalments, quarterly in arrear, to the person who for the time being is entitled to occupy the land.

Any compensation under subsection (2) is considered as accruing due from day to day, and is apportionable in respect of time accordingly.

If, at any time after compensation under subsection (2) has become payable by reason of the doing of any work on any land, a person acting on behalf of the competent authority —

Where, by virtue of the operation of subsection (4) in relation to any work done on any land, the period in respect of which compensation under subsection (1) is payable by reason of the doing of the work comes to an end, then if, at the end of that period, the value of any estate or interest which a person then has in the land is less than it would be but for the doing of the work, there must be paid to the person, by way of compensation under this Act, a sum equal to the amount of the said depreciation in the value of the estate or interest; and that compensation is taken to accrue due at the end of the said period.

As soon as possible after effecting any restoration or serving any notice pursuant to subsection (4), the person by whom the restoration was effected or the notice was served must cause the fact of the restoration or the contents of the notice (as the case may be) to be published in such manner as the person thinks best adapted for informing persons affected.

In determining for the purposes of this section whether the annual value of any land is diminished by reason of the doing of any work on the land, and in assessing any compensation under this section in respect of the doing of any work on any land, it is assumed that the land cannot be restored to the condition in which it would be but for the doing of the work.

For the purposes of this section, no account is to be taken of any diminution or depreciation in value ascribable only to loss of pleasure or amenity.

In this section —

“annual value”, in relation to any land, means the rent at which the land might reasonably be expected to let from year to year, if the landlord undertook to bear the costs of the repairs and insurance and the other expenses (if any) necessary to maintain the land in a state to command that rent; and

“diminution of the annual value”, in relation to the doing of any work on any land, means the amount by which the annual value of the land is less than it would be if the work had not been done.