Key Sections of the Coal Mining Subsidence Act 1991 Every Homeowner Should Know
Enacted to replace the older 1957 and 1975 statutes and later transferred to the Coal Authority (now the Mining Remediation Authority) by the Coal Industry Act 1994, the Coal Mining Subsidence Act 1991 gives coalfield property owners the strongest statutory property protection anywhere in UK law:
| Section of the 1991 Act | Statutory Right Granted to Homeowner | How It Works in Practice |
|---|---|---|
| Section 1 & Section 2 | Duty to Take Remedial Action for Subsidence Damage | Strict statutory obligation on the Authority to repair any building, garden wall, driveway, or drain damaged by coal mining |
| Section 3 | Service of a 'Damage Notice' (6-Year Limitation) | Homeowner must serve written notice within 6 years of first knowing (or reasonably suspecting) mining subsidence damage |
| Section 6 | Schedule of Remedial Works | Authority must issue a detailed itemised specification of structural and decorative repairs agreed with the owner |
| Section 8 & Section 10 | Payments in Lieu & Depreciation Compensation | Cash compensation payable where a building suffers permanent structural tilt or residual loss in market value after repair |
| Section 14 & Section 16 | Obligation to Purchase Blighted Property | Where repair cost exceeds market value (total constructive loss), the Authority buys the home at full unblighted value + Home Loss Payment |
| Section 22 & Section 23 | Emergency Works & Temporary Accommodation | Pays for urgent propping/weatherproofing, furniture storage, and hotel/rented housing while your home is uninhabitable |
| Section 38 | Reimbursement of Claimant's Professional Fees | Authority must pay reasonable fees for your own RICS Surveyor / Mining Engineer to prepare and negotiate a valid claim |
What If Your House Is Repaired for Subsidence But Left With a Permanent Tilt?
When deep or shallow coal workings settle unevenly beneath a street, a terraced or semi-detached house can tilt slightly out of plumb. Even after the Mining Remediation Authority completes full structural repairs (re-setting window frames so they open smoothly, re-laying drains to the correct gradient, and stitching brickwork), jacking an entire brick house back to 100% vertical is often impossible.
Under Section 10 of the Coal Mining Subsidence Act 1991, if your property is left with a permanent structural tilt or architectural scar that reduces its open-market resale value even after repairs are completed, the Authority is legally obliged to pay you a tax-free statutory 'Depreciation Payment' equal to the exact reduction in the property's market value.
Under Section 38 of the 1991 Act, if you have a valid coal mining subsidence claim, the Mining Remediation Authority is required to reimburse the reasonable professional fees of an independent RICS Chartered Building Surveyor or Mining Engineer who represents you in preparing the Damage Notice and negotiating the Schedule of Works. Never rely on cold-calling claims farmers who take 25%–40% of your compensation!
Does the 1991 Act Cover Damage from Unrecorded 'Illegal' or Pre-1872 Mines?
Yes! Prior to the Coal Mines Regulation Act 1872, mine owners were not legally required to deposit abandonment plans with the government—meaning thousands of early Victorian and Georgian shallow coal workings across Britain are 'unrecorded'.
Crucially, the Coal Mining Subsidence Act 1991 covers ALL lawful historic coal mining subsidence regardless of whether the coal seam was mapped on an official plan in 1950 or dug in 1790 with no surviving map. Once core drilling or geological inspection confirms that a collapsed coal working caused the damage, the Authority's statutory duty under Section 2 applies in full.
Homeowner & Buyer Statutory Protection Checklist
Use this 4-step checklist to protect your rights under the 1991 Act: