Road, Rail and Airport claims where no land is acquired (Part 1 Claims)
Compensation can be claimed for residential property that has been reduced in value due to physical factors such as noise and pollution caused by public works being completed, even though no land has been acquired (Part 1 of the Land Compensation Act 1973.) Claims cannot be made until a period of 12 months from the date of opening of the scheme.
What constitutes public works?
Public works include any work on roads, highways and airports in relation to road developments work could include the widening of existing roads, the provision of an additional carriageway and new motorway lighting schemes. In the case of an airport this could include the construction of new runways, realigning existing runways or the addition of new or extended aprons.
Am I eligible to claim?
The Land Compensation Act defines the physical factors as noise, vibration, smell, fumes, smoke, artificial lighting and the discharge of any solid or liquid matter onto a local resident’s property.
Artificial light, both from vehicle headlights and street lighting, can cause considerable nuisance, and can result in a diminution in the value of a property.
Road, Rail and Airport claims where land is acquired by Negotiation or Compulsory Purchase
In the event of your property becoming subject to a proposed or actual Compulsory Purchase you need expert advice. Thomson Broadbent are the UK’s leading property compensation surveyors providing professional regulated advice and guidance at a critical time, with a proven track record in securing maximum compensation for our clients.
Property owners will often complain of “blight” when a controversial public development is perceived to have an impact on property values. An ‘Authority’ such as HS2, Heathrow or Highways England have legislative powers to purchase blighted land, meaning that home and landowners can sell their property to the Authority at ‘market value’.
Properties that are on the line of the proposed route and where land is required for the scheme can be directly affected by blight; this is known as statutory blight.
Statutory blight is normally triggered following the announcement of the preferred route, which is the first time an ‘Authority’ can say with certainty which properties will be affected by a scheme. Property owners on the line of a proposed scheme can then ask the ‘Authority’ to buy their property. A blight notice cannot be accepted before any preferred route announcement.
There are strict rules and time limits as to whether any action can be taken against the proposals. Our expertise and years of experience in this area can guide you through the process and could significantly increase the level of compensation you may be offered. Working with a specialist team of surveyors who have a detailed knowledge of Compulsory Purchase Orders and the precedents set in comparable cases is vital to a successful outcome.
Thomson Broadbent is currently involved in advising homeowners and businesses affected by HS2. Now that the government has given the green light to HS2 in its entirety (February 2020) Thomson Broadbent can assist with those properties currently affected and those which may subsequently be identified during the re-consideration of Phase 2B – the route from Crewe to Manchester and Birmingham to Leeds. Any land or property owners who think they may be affected by should act now to find out the extent to which the proposed route will affect them.
This means property owners affected in the area defined for HS2 can now compel the company to purchase their property and seek compensation.
All or part of your property must be required for the railway and be identified within the safeguarded area on the safeguarding plans.
Owner occupiers of houses are eligible to serve a Blight Notice compelling HS2 to acquire your home. Commercial properties up to an annual rateable value of £34,800 are also eligible, as are agricultural units which include a dwelling.
If a Blight Notice is accepted the compensation will be the value of the property, ignoring any blighting effects of HS2, a home loss payment of 10% of the unaffected value up to a maximum of £47,000 and removal costs, stamp duty, surveyors fees, legal costs etc. If you wish to move, a Blight Notice should be served as soon as possible.
We have already submitted Blight Notices for a number of our clients who had particularly pressing needs and these have been successfully negotiated with HS2. The clients have now moved to a new property with all associated costs reimbursed.
Our costs for negotiating a fair and comprehensive compensation package are paid by HS2 and this means you can have your claim dealt with by RICS regulated Chartered Surveyors and there will be no costs whatsoever payable by you, for this service.