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.
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.