Euston Tunnels settlement deeds – frequently asked questions

What is Settlement?

Settlement is the technical term for the way the ground moves around a hole after it has been dug out. Building tunnels, shafts and basements can cause a small amount of movement to the ground. Without excavations the ground moves naturally at anything up to 10 millimetres (mm) a year. In most cases the settlement we cause is small enough for a building to deal with. But in a few cases, buildings may be affected by a larger degree of settlement. In these cases, we will talk to you about what we plan to do to protect your property before starting the work. We know how to limit the effects of this movement on buildings.

What is a settlement deed?

A settlement deed is a formal legal agreement between a property owner and HS2 Ltd which records the protection already provided to a property by the High Speed Rail Act of 2017. It is available free to owners of properties above or near excavations. Excavation is the use of mechanical equipment to move earth, rock or other materials. HS2 excavations include tunnels, retained cuttings, shafts and station boxes.

Do I need a settlement deed?

Everyone whose property could be affected by settlement is already protected by the High Speed Rail Act 2017. But you might want to have a formal deed if, for example, you are insuring, selling or re-mortgaging your property.

How does the High Speed Rail Act cover me for settlement?

The settlement deed is part of the HS2 settlement policy (see the C3 information paper “Ground Settlement”), which is part of the 2017 Act. The same protection provided in the deed is provided to any property affected by HS2. We will put right any damage caused by HS2, whether or not you have a settlement deed.

If the High Speed Rail Act protects me from property damage anyway, even if I am beyond 30 metres, why can you not provide me with a settlement deed?

The settlement deed is to give extra reassurance to those more likely to be affected by settlement, i.e., those closer to the works. The impact of settlement beyond 30m is likely to be negligible, however properties over 30m away from our excavations are still protected by the Act.

Can you give me a map to show me how many properties are affected by settlement and how many are eligible for settlement deeds?

If your property is eligible and you request a settlement deed, you will receive a settlement report for your property. This will contain a map showing your property and tell you how much settlement is predicted at your property. We cannot give you the settlement details for all properties affected, only for your property. However, we have made maps available showing those affected street by street. A link to these maps can be found at Settlement Deed 30m eligibility zone.

What depth is the tunnel near my property?

The depth of the Euston Tunnel varies between 12 metres and 50 metres. You can contact HS2 Helpdesk on 08081 434 434 or email [email protected] to ask for the exact tunnel depth near your property.

Eligible properties

How are you communicating with impacted communities?

For general information about tunnelling in your area you can find the latest updates here. We will also send updated information by post and provide it at our local engagement events.

How are you encouraging people to apply for settlement deeds?

We send a letter offering a settlement deed to every eligible property along the route.

If I am eligible for a settlement deed, when should I apply?

We typically send out settlement deed offer letters at least 10-12 months before works that could affect your property take place in line with the settlement deed policy in the HS2 Information Paper C3.

Property owners who are concerned about settlement or damage to their properties from our works are welcome to contact the HS2 Helpdesk on 08081 434 434 or email [email protected] to request a settlement deed even if they have not received a settlement deed offer letter or if they have misplaced the offer letter. We will respond to all queries regarding settlement deeds and, where possible, progress applications.

Are my garden and outbuildings covered by the settlement deeds?

We have used Ordnance Survey map data to define a ‘property’, and in most cases structures such as outbuildings would form part of the property and so would be eligible. Similarly, a swimming pool would be covered. Lighter structures, such as a garden shed would not be eligible.

How have you calculated the properties impacted by settlement?

Our designers carry out settlement assessments, which are described in the C3 information paper. These assessments follow industry standard approaches, which have been used on many other projects such as HS1, Crossrail and Thames Tideway.

Non-eligible properties

Why didn’t I get a letter when my neighbour did?

A property must be within 30 metres of an excavation (of a tunnel, retained cutting, shaft or station box). If your neighbour is within 30 metres, they would be eligible; if you are more than 30 metres away, you would not be.

The boundaries for land and property compensations vary. Why is the limit for settlement deed eligibility exactly 30 metres?

The 30m zone was defined following a review of historic projects of a similar nature, which was scrutinised through the parliamentary process. The zone captures those properties more likely to be affected by settlement.

The settlement deed process

Has the policy or process changed from what is published in the C3 Ground Settlement Information Paper?

No. The current policy is the same as in the C3 information paper: https://www.hs2.org.uk/documents/ground-settlement-c3/

How do I know your settlement report is accurate?

Our designers carry out settlement assessments, which are described in the C3 information paper and follow industry standard approaches.

Am I able to challenge the settlement report if I don’t agree with it?

If the settlement report shows damage Category 2 or less (minor impact – see table) then you can request that HS2 Ltd consult you on the report, but you can’t challenge it. If your property is assessed to experience Category 3 or more then you can employ an owner’s engineer to review our report for you, and they may challenge the report by formal notice within 25 days of us providing the report to you. If you don’t use an owner’s engineer, you can challenge the report, but you must provide detailed reasons for your challenge. For details of the damage categories, see the table below (page 13 of the C3 Ground Settlement Information Paper).

Where do I find an owner’s engineer?

The Institution of Civil Engineers (ICE) have provided a list of independent engineers which you can request from us after you have received the settlement assessment report. The engineer will be independent and will be suitably qualified to act in this capacity on behalf of the owner.

Can I have a copy of the settlement report?

If you have taken up a settlement deed you will be sent a copy of the settlement assessment report three months before the excavations in your area start. This will contain a map showing your property and tell you how much settlement is calculated at your property.

How do you plan to monitor settlement during excavation?

We will monitor settlement using instruments that will be installed either in the ground or on buildings or other structures. These will be automatically read or be manually read by surveyors, and the data reviewed daily. If settlement monitoring is specifically planned at your property this will be recorded in the settlement report.

Is the process for listed buildings different?

Listed buildings have specific protection by law and hence we are required to look at them in more detail.

Will HS2 Ltd pay for legal advice or solicitor’s fees prior to my signing/committing to a settlement deed?

No. The settlement deed does not provide for owners to receive reimbursement for legal advice or solicitor’s fees. The deed is a fixed document which is used for all eligible properties, and it is not possible to materially amend it. Property owners are free to consult an independent expert, but this cannot be funded by HS2; this is in line with the process which has been followed settlement deeds across the route.

What are the next steps after I have registered my interest for a settlement deed?

We will send you two copies of a deed for you to sign. You will need to return both copies to us within 21 days. When we receive your signed deeds, we will also sign them and send one signed copy back to you. Please contact our Helpdesk if you have any concerns and we will seek to accommodate your individual circumstances.

How long will it take for me to get a signed settlement deed?

HS2 Ltd will try to provide the deeds as quickly as possible, but this will depend on the volume of interest we receive and the completeness of the information provided by the owner. A fully signed deed (by both parties) will likely be in place within eight weeks of a request being submitted by a property owner.

How long am I covered against damage by the settlement deed?

Whether or not you have a settlement deed, you can make a claim for damage caused by the HS2 works up to two years from the date the railway opens to the public or, if later, the end of the period of three months from the day on which any monitoring specific to the building ceased. To raise a damage claim please contact the HS2 Helpdesk and they will provide you with a damage claims form to complete.

Timescales and general information

Why is there a limited period (28 days) to respond to your settlement deed offer letter and 21 days to send back signed deeds?

We are writing to several thousand properties between Old Oak Common and Euston about settlement deeds, which requires careful management. The set timescales for an owner to respond to the deed offer and then return a deed ensures that we have all the deeds in place before work starts.

What is the current start date for tunnelling?

We expect our Tunnel Boring Machines that will build the tunnels between Old Oak Common and Euston to launch in early 2026.

What is the follow up process for those who haven’t responded?

In the High Speed Rail Act, 2017, the responsibility is on a property owner to request a settlement deed from HS2 Ltd. But we have decided to write to every eligible property (within the 30m zone) to remind or inform them that they can have a deed. All properties will still have the same level of protection afforded by the High-Speed Rail Act 2017, whether the owner has a settlement deed or not.

When will my settlement deed and settlement report be issued?

If you are eligible for a settlement deed, we will send you the blank deeds for your signature within one month of confirming your eligibility. We will send you your settlement reports at least 90 days prior to the planned start of the tunnelling or excavation works.

If you would like specific tunnelling depth information, please get in touch by contacting the HS2 Helpdesk on 08081 434 434 or email [email protected].

Surveys

Are surveys an essential part of the settlement seed process?

Pre-condition surveys (also known as defect surveys) are required for those properties that are predicted to experience settlement of 10mm of greater, or over 1mm for listed buildings. It is not necessary for pre-condition surveys to be undertaken for properties predicted to experience settlement of less than 10mm as they are unlikely to experience damage. However, where a settlement deed is in place, the property owner will be agreeing to allow access for the survey, where requested.

When will I know if I am eligible for a survey?

We will contact all of those properties eligible to have a pre-condition survey five to six months before the relevant excavation works start. We will send letters offering the survey and conduct door knocks to give occupants and owners sufficient notice to take up the survey.

If my property is predicted to move less than 10mm can I request a survey anyway or could I commission one myself?

You can commission your own pre-condition survey at your own cost.

What do I do if I’m not eligible for a survey but think my property has been damaged?

Please contact the HS2 Helpdesk to let us know, and we will address this on a case-by-case basis. You are still able to raise a damage claim without a survey or settlement deed in place.

What sort of monitoring equipment might be necessary if HS2 Ltd enters my property?

Monitoring equipment will not be required on most properties and is not essential for a settlement deed. In the unlikely event that monitoring is required in a residential property, details would be included in the settlement report.

Impacts on homeowners

How does this affect my house buildings insurance?

In the event that damage is caused by settlement associated with the construction of the railway, the High Speed Rail Act allows you to claim for reasonable costs to repair the damage or for us to repair the damage with your consent.

The 2015 Insurance Act sets out the duty of an insured person with regard to disclosure and also includes information on the presumed knowledge of an insurer. This includes that the insurer is ‘presumed to know things which are common knowledge’, which would likely include the construction and operation of HS2. However, recognising that policies vary, it is for residents to contact their insurer directly if they are unsure.

We have prepared a short document that presents the facts about what is covered by the Act and by HS2 with regard to settlement. You can view or download the document: HS2 Ground Settlement – Information for Homeowners and Insurers

We recommend that people download this document and provide it for information to their insurers, and that insurers read both the HS2 Guide to Ground Settlement and Information Paper C3: Ground Settlement.

How will the works affect our mortgage or our ability to re-mortgage our property?

Where individual cases are raised, we can notify UK Finance and they will then notify your lender. We can then make direct contact with the lender to provide them with all the relevant information, including details on the impact in the area and how the HS2 Act provides appropriate coverage in case of any damage.

If we sell our house, how do we transfer the name on a settlement deed?

New owners would need to contact the Helpdesk, and the current deed would be novated (transferred) to the new owner or new deeds would be issued.

What if we are selling our house and the HS2 survey is different from our buyer’s survey?

It is unlikely there would be significant differences. Any instances would be dealt with on a case-by-case basis, and you should contact the Helpdesk in the first instance.

Will there be settlement from the trains running?

There will be no settlement issues from train operations. A full assessment of any ground-borne vibration has been undertaken as part of the HS2 Environmental Statement.

Will there be vibration from running trains?

For the operational railway, significant ground-borne noise or vibration effects at properties above tunnels will be avoided through the design of the track and track-bed.