My property is located on the HS2 route - what should I do?
If your land or property is required for the construction or use of the railway, then it will be purchased from you, without choice. Both owners and occupiers of land and property on the route need to seek professional advice. The cost of your professional advice will be covered by the government. See paying for a specialist compensation surveyor for further information.
The land for the route has already been safeguarded and you will shortly be contacted, if you haven’t been already, for some further information. You should aim to be as helpful as possible during this stage, as holding back information will not reduce the chance of a compulsory purchase, and may in fact hinder your case.
What are my options if I’m served with a compulsory purchase order?
You generally have two options when you are served with a compulsory purchase order; to relocate your business, or if this isn’t possible, to extinguish your business.
For further details on the process see I’ve been served with a Compulsory Purchase Order on my business premises – what should I do?
You should seek help from a specialist compensation surveyor, who will help quantify your claim. The aim of the compensation claim will be to leave you and your business no worse off, and also no better off, than if you hadn’t been served with an order. A specialist compensation surveyor will help you maximise your compensation, and ease the stress by liaising with the local authority on your behalf.
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.
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.
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.
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.
With teams of property experts based along the HS2 route, we’re also able to provide businesses with relocation services, which include search and acquisition of new properties, as well as architectural, planning and building consultancy.