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.

Contact Us

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

Read More....

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. We have a specialist team of compulsory purchase experts who are currently working with owners and occupiers of affected sites.

Read More....

I've been served with a Compulsory Purchase Order on my business premises - what should I do?

Richard Farr, partner and compulsory purchase expert, explains what you should do if your local authority serves you with a compulsory purchase order. Although only a small proportion of businesses will ever have to face the issue of compulsory purchase, the use of powers is increasing - not least because of national infrastructure projects like HS2 and Crossrail. Clearly it can be a very stressful time for any SME owner, but if you are aware of the situation, remain sensible and get the right advice, then there is no reason why you should be left short. The first message I would give to any business owner and/or operator is to be aware of what is happening at a strategic level in your area. The first seeds of any CPO normally lie in the planning system and business owners should be conscious of emerging planning policies. At this stage, do not bury your head in the sand; if you fail to engage at public consultation stage, it could be used against you at a later date.

Read More....


Email a copy to yourself?
RICS CCS TDS Arla Ombudsman bsi