Compulsory Purchase

Our industry leading team have a wealth of experience in dealing with compulsory purchase cases and we provide our first class services across the UK.

If you have received a compulsory purchase order then we will guide you through the complicated process. Our team has experience dealing with a wide range of compensation claims and we will work with you to ensure you receive a fair compensation settlement.

If you are applying powers, we will work with your team to provide advice throughout the project lifecycle to ensure that your scheme finishes on time and with minimal delays.

Have you received a compulsory purchase order?

We know that dealing with the complex area of compulsory purchase can be challenging and time consuming for property owners.

Our industry leading team have a wealth of experience in dealing with compulsory purchase orders, and by providing support and honest advice throughout the process we ensure that you receive a fair compensation deal with minimal disruption to your business.

Read more about our work on behalf of claimants by clicking here.

Are you making a claim?

We understand that compulsory purchase is an important part of project delivery and at the heart of many infrastructure schemes.

Our team has previous experience working on a number of major infrastructure projects as well as redevelopment and regeneration schemes so are well equipped to work with your team from the inception of a scheme.

Read more about our work on behalf of the acquiring authority by clicking here.

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Services for the acquiring authority

We understand that compulsory purchase is an important part of project delivery. Our industry leading team has a wealth of experience working in partnership with local authorities and landowners, and ensuring the successful completion of your project. Our services to acquiring authorities include: Master planning and valuation advice on land use. Budgeting of acquisition costs. Project management, development partnerships. Expert evidence at public inquiry. Advice on objections to the Compulsory Purchase Order. Negotiation of compensation. Strategic handling of Certificates of Alternative Development. Expert evidence to Lands Tribunal. Contact Us

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Services for the claimant

We know compulsory purchase orders can be stressful for businesses and individuals. Our dedicated team are highly skilled in acting for claimants, and will give you support and honest advice throughout the process. The services we provide include: Advice on planning objections to Compulsory Purchase Orders Expert evidence to public enquiries Advice on Certificates of Alternative Development Acquisition of alternative premises including accommodation works Estimation of compensation, values, disturbance, value of goodwill Negotiation of Claims Expert evidence of Lands Tribunal   Claimants are guided on the objection process, pre scheme losses, compensation, extinguishment of business, ransom and development value, relocation, certificates of alternative use. Claims are written, negotiated and expert evidence given in the Upper Tribunal (Lands Chamber). When promoting schemes for promoters, we provide the calculation of compensation budgets compliance with Circular 06/04, presentation of expert evidence at Public Inquiry, negotiation of all aspects of compensation and expert witness in the Upper Tribunal (Lands Chamber). Contact Us

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HS2 advice

Although the HS2 rail link may seem years away at the moment, this is an issue that property owners and tenant occupiers should be planning for now. Please contact us if you think you will be affected by the scheme. What is HS2? High Speed 2 (HS2) is a planned high-speed railway proposed to link The Midlands and Northern England with London Euston and other destinations such as destinations Lille, Brussels, Paris, and London Heathrow Airport. The project is being developed by High Speed Two Ltd, a company established by the UK Government. The line is to be built in two phases with the section between London and Birmingham being the first phase. The route would take a complex form of a "Y", with a trunk between London Euston and Birmingham Curzon Street. The route would then split into two spurs, one continuing to Manchester Piccadilly via Crewe and Manchester Airport. The other route is proposed to Leeds via Sheffield Meadowhall and East Midlands. High-speed rail is supported in principle by the three main UK political parties who argue that reduced journey time will help to stimulate economic growth in UK and also increase the country’s rail usage. Politicians wish to build on the success of the Channel Tunnel Rail Link (HS1) that links London to The Continent. What is the timetable? Currently the judicial process is running late. You can read more information on what impact this may have by clicking here. FAQ My property is located on the HS2 route - what should I do? Seek professional advice. Once the route is finalised and safeguarded, Statutory Blight claims can be made. These claims can be made well in advance of the scheme starting. If your property and/or land is required for the construction or use of the railway then it will be required to be compulsorily purchased, especially if the property is affected to such an extent that it cannot be sold for its true market value. What types of Properties are eligible for Compensation? All residential, commercial and agricultural properties are eligible for a claim. The claim is made for the open market value of the property not taking the HS2 scheme into account – plus for residential property a claim may also be made for home loss payment and reasonable moving expenses. In situations where all the commercial property or farm is required for the scheme then a claim can be made for the full value of the property – plus it is also possible to claim for business loss and disruption. However, a claim is unlikely to be successful for an entire farm or commercial site where only a small portion is required by HS2 for the railway. In these circumstances a claim in value for the area of land lost is made plus any potential reduction in value to the remainder of the site, disruption etc. What is the situation where my property isn’t required for HS2 but I still feel HS2 will affect me? The Government has an Exceptional Hardship Scheme (EHS) for owners who can prove they cannot sell their property because of the effect of the scheme. The Government will buy your house for its unaffected value. However, the EHS scheme will cease once the HS2 route is safeguarded, although the Government plans to introduce a discretionary hardship scheme thereafter. Where your property is not acquired, it is possible to claim compensation for the diminution in value caused by noise, pollution or vibrations from HS2. How do I make a claim for Compensation? Compulsory Purchase and Compensation of property is a highly specialist area and one where the burden of proof is on the claimant i.e. the property owner. You may receive an offer of Compensation from the Government but without seeking professional advice you may not receive everything you are entitled to or the full value for your property. Claims are open to negotiation, which is why it makes sense to seek professional advice from specialist Chartered Surveyors from the outset. I wish to instruct a Specialist Compensation Surveyor – but who pays the fees? All reasonable fees for advice relating to specific compensation claims and compulsory purchase issues will be reimbursed back to you by The Government. I’d like to make a claim or need more advice, can you help? Sanderson Weatherall has set up a dedicated HS2 team to help those affected. We have specialist Surveyors in all locations affected by HS2 and all have considerable experience in negotiating successful claims on behalf of property owners. Contact Us

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Glossary of terms

The compulsory purchase process is full of technical jargon and can be very confusing. To assist with this the following glossary of terms may be useful. Compensation Code: A collective term for the principles, derived from Acts of Parliament and case law, relating to compensation for compulsory acquisition. Entry: See "Taking of Entry" General Vesting Declaration (GVD): A legal procedure used in connection with compulsory purchase whereby an acquiring authority, having obtained a CPO, is able to obtain possession and ownership of the land. This is a procedure for the speedy acquisition of land and normal conveyancing practice does not have to be adopted. Goodwill: The price which a purchaser of a business is prepared to pay, above the value of the premises and stock, for the probability that customers will continue to resort to the old place of business, or continue to deal with the firm of the same name: it is the benefit or advantage which a business has in its connection with its customers. Investment Property: Generally, any property purchased with the primary intention of retaining it and enjoying the total return, i.e. income and/or capital growth, over the life of the interest acquired. Land: Land includes buildings and structures. Existing interests and rights in land, such as freehold or leasehold together with any existing rights can be compulsorily acquiried either as a whole or in part. Lands Tribunal: A tribunal for England and Wales set up under the Lands Tribunal Act 1949 and proceeding in accordance with rules made by the Lord Chancellor. Its jurisdiction, amongst others, includes adjudication on disputed compensation for the compulsory acquisition of land. The tribunal comprises the Present (who must be a barrister or have held judicial office) and members who are all either legally qualified or experienced in valuation. Marriage Value: Latent value which is or would be released by the merger of two or more interests in land. For example, two adjoining parcels may be worth more as one property that the aggregate of their separate values. Similarly, two interests in the same property (such as freehold and the leasehold) may have a greater value when merged than the sum of their individual values. Mitigation of Loss: The duty of a claimant seeking compensation to take any reasonable steps open to him to reduce or avoid loss. For example, a claimant could mitigate loss by seeking a number of quotes from reputable contractors and instructing the cheapest. New Rights: Compulsory purchase can be used by most acquiring authorities to create and acquire new rights over land. An Example would be the creation of a right of way or a right of support. Noise Payment: A noise payment is available to moveable homes within 300 metres of a new or altered road who have been seriously affected by increased noise levels as a result. It is payable at the discretion of the Highway Authority. Notice of Entry: A notice served on the owner and occupier(s) of a property by an authority possessing compulsory purchase powers requiring possession to be given by a date prescribed in the notice. A minimum of 14 days notice must be given. Notice to Treat: A notice served on owners, lessees and mortgagees by an authority with compulsory purchase powers to acquire land. The notice gives particulars of the property to be acquired, demands details of the recipients interest in the land and his claim for compensation and states that the authority are willing to treat for the purchase of the land. Public Development: A new or altered highway, aerodrome or other public works. Ransom Value: The ability to obtain a high price for a small area which is key to the site being developed. For example, where your land could unlock the development potential of an adjoining site by providing the only possible access to it. Relevant Date:In the context of a Public Inquiry it is the date of the letter which the Confirming Minister sends to the acquiring authority and the objectors confirming that an Inquiry is to be held. This date is used to establish timetables for the Inquiry procedure. Statement of Case: A statement prepared by the acquiring authority which sets out full particulars of the case to be put forward at the inquiry and justifies the reasons for making the CPO. Statement of Reasons: Sets out the authority's reasons for seeking to acquire the land, and will accompany the CPO. Taking of Entry: This is the act of an acquiring authority physically entering and taking possession of a property following service of Notice to Treat and Notice of Entry. Contact Us

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