10Limitation on claims arising out of actions to prevent or mitigate damage

#### 10 Limitation on claims arising out of actions to prevent or mitigate damage 10 Limitation on claims arising out of actions to prevent or mitigate damage > > (1) Compensation is not payable in relation to a claim under section 7(2)(a) unless— > > > > > (a) the claim is made after the subsidence concerned has commenced, and > > > > > (b) the expense is incurred or proposed after the subsidence concerned has commenced, and > > > > > (c) at the time the expense is incurred or proposed the damage concerned is more likely than not to occur, and > > > > > (d) the preventative or mitigating work (or proposed preventative or mitigating work) is appropriate and necessary to prevent or mitigate the damage concerned, and > > > > > (e) the subsidence concerned is not due to operations carried on by the owner. > > > (2) Compensation is not payable in relation to a claim under section 7(2)(a) if the total expenses claimed are disproportionate to the reasonably expected total expense of repairing or replacing the improvements or goods concerned if no preventative or mitigating work had been or were to be carried out. > > **s 10:** Am 2024 No 48, Sch 1\[9\] \[10\].