Compulsory Purchase

If a public development affects your property by taking all, part or even none of it, then you should engage the services of a Chartered Surveyor. bValued can represent you in the early stages of a compulsory purchase including at public inquiry. Also bValued can act for public authorities, who may require an expert witness to deal with objectors. Once though a compulsory purchase order has been confirmed you will be looking for a favourable settlement as regards compensation and accommodation works.

Because of some public need an authority may wish to acquire all or part of your property. To do so they will need a Compulsory Purchase Order (CPO) or General Vesting Declaration (GVD which accelerates the process).The process though is accountable and you should have a right of objection.

What you are entitled to once the authority has reached that stage? If they have a CPO they will serve on you a notice to treat ie inviting you to make a claim and a notice to enter ie when they require possession. If they have a GVD you should make a claim. As the acquiring authority will pay your reasonable professional fees it is only sensible to appoint a Chartered Valuation Surveyor with appropriate experience.

You will be entitled to compensation: in the leading case Horn v Sunderland Corporation the intention is for you to receive money to put you back in the same position (so far as money can) as you were before being dispossessed. You are entitled to the market value of your property, disturbance ie the cost of removal including professional fees and in the case of your home a Home Loss payment. Similarly there is Farm Loss payment where farms are involved.

The Government have produced some useful online booklets:

http://www.planningportal.gov.uk/planning/planningpolicyandlegislation/currentenglishpolicy/goodpracticeguides/comppurchase

o Compulsory purchase and compensation booklet 1: procedure

o Compulsory purchase and compensation booklet 2: compensation to business owners and occupiers

o Compulsory purchase and compensation booklet 3: compensation to agricultural owners and occupiers

o Compulsory purchase and compensation booklet 4: compensation to residential owners and occupiers

o Compulsory purchase and compensation booklet 5: reducing the adverse effects of public development

Your surveyor should value your property probably taking into account local market comparisons, agree a strategy with you and open negotiations with the acquiring authority subject to your approval. Normally settlement will be reached. Occasionally though disagreement can only be resolved by going to the Lands Tribunal or perhaps mediation.

Sometimes where part of a property is taken the authority may offer to do accommodation works to ameliorate their loss and the surveyor will negotiate and supervise these on your behalf. If land is severed and is of no use to you, you may be able to force the authority to also acquire that.

Also where no land is taken you may be entitled to compensation for disturbance caused by physical factors eg sound, vibration, smell or artificial lighting where a publically funded scheme is in close proximity to your property. These are called Part 1 claims under Land Compensation Act 1973.

Interest is payable at statutory rates on the compensation from the date of taking entry until date of payment.

If the authority has not served notice to treat you can pre-empt them by serving a blight notice but are unlikely to get a Home Loss Payment if you do.

There may be circumstances where your property is blighted ie its planning potential has been removed: here a purchase notice can be served.

Arthur Bletchly has much relevant experience and will be pleased to act for you, even if this means representing you at Land Tribunal.

Please see my video about Compulsory Purchase at https://www.youtube.com/watch?v=nYJ55yIBA8M

Case Studies – work done by Arthur Bletchly.