Leith Business Association

7.2 Inspection of Buildings and Other Structures

(a) All buildings or other structures, including scheduled monuments and listed buildings that are located within Edinburgh Tram working areas, or which are located directly adjacent to such working areas, which may be at risk of physical damage or damage caused by vibration generated during the construction works, shall be listed in a schedule compiled by the Contractor. The said schedule is to be subject to agreement with the City of Edinburgh Council, the Council having the power to add, or subtract, buildings from the Schedule as they deem fit. The agreed schedule is to be published in accordance with the requirements of Section 2.1 of this Code. A notice of inclusion within the schedule is to be delivered to each scheduled building, attachment of a notice to the building shall be sufficient evidence that notice has been served. Subject to the granting to the Contractor of free and unhindered access to the building or structure, a record of the condition and survey of any defects in the building or structure shall be prepared prior to the commencement of any construction works associated with the Edinburgh Tram. Certified copies of the building record and condition survey shall be made available free of charge by the Contractor to the owners of the examined buildings or structures, on their presentation of proof of title to the building. The best practicable means shall be undertaken by the Contractor to avoid damage, or to minimise damage where it is unavoidable. The condition of the buildings and other structures listed in the schedule shall be monitored at reasonable intervals during the Edinburgh Tram works and for a period of one year after the completion of the said works. The results of the aforesaid monitoring shall be made available free of charge by the Contractor to the owners of the examined buildings, on their presentation of proof of title to the building.

(b) The results of this record of the conditions and survey of any defects shall be provided to The City of Edinburgh Council, the property owner and occupier and in the case of scheduled or listed features, to The City of Edinburgh Council and Historic Scotland.

(c) After the construction works have been completed and at any time up to two years after the opening of the tramway the owners of properties identified under the provisions of 7.2 (a) of this Code may, upon providing reasonable evidence of damage, request that a second defects survey is undertaken. Any damage that is identified as being caused by construction of the tram system shall be repaired within a reasonable time of identification at the expense of the Contractor to the reasonable satisfaction of the property owner and such that the property is returned to the standard of repair and stability existing before construction works on the Edinburgh Tram commenced.