Road, Rail & Airport 2020-01-23T15:55:27+00:00

Road, Rail & Airport

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.

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.

Frequently Asked Questions

How do I proceed? 2020-01-21T09:37:22+00:00

If you would like us to act on your behalf, please complete the enquiry form on the Road, Rail and Airport page.

Can I appoint more than One Agent? 2020-01-21T10:31:31+00:00

The compensating authority will only accept one claim per property and will only deal with one Agent. Please note that by appointing more than one firm to represent you can significantly delay the processing of your claim. As a general rule, the first appointed Agent is the one which will see the claim through completion, any others will normally withdraw in favour of the first appointed Agent. However, some firms reserve the right to charge for abortive work.  If you cannot recall whether you have already appointed an Agent please call for further advice.

What if i have a mortgage? 2020-01-21T10:32:02+00:00

If the property is subject to a mortgage then the rules require the compensating authority to obtain your lender’s permission to pay the compensation directly to you.  Very occasionally a lender may request that the compensation is used to reduce the mortgage balance, however, we have only known this to happen when the account is in arrears.

Why should I appoint Thomson Broadbent? 2019-02-08T14:42:44+00:00

We have successfully negotiated compensation for over 40,000 homeowners affected by a variety of transport and utility infrastructure schemes. Thomson Broadbent is the UK’s leading RICS regulated residential property compensation consultancy.

How much will it cost me? 2019-02-08T14:42:13+00:00

Our commission is up to 20% plus VAT of any compensation negotiated.  Please note our fee is not due until the compensating authority has paid your compensation.  If the claim proves unsuccessful we confirm that we bear all the costs and you will have NOTHING to pay.

What is the basis for compensation? 2019-02-08T14:41:43+00:00

Compensation is payable to homeowners in respect of the loss in value of the property caused by noise, dust, pollution and artificial lighting arising from the use of  the new works.

When will my claim be submitted? 2019-02-08T14:41:13+00:00

Normally claims can only be served after the first and before the seventh anniversary (sixth anniversary in Scotland) of the Relevant Date. If an interest in a property is disposed of (transferred or sold) during the first year after the scheme opening then your claim needs to be submitted before the transfer is completed as the right to make a claim will pass once the property has been disposed.

Who can claim? 2019-02-08T14:38:36+00:00

Owners (including landlords) of any residential property provided they own the subject property on the day the scheme officially opens (the Relevant Date) and on the day the claim is served.  The property has to be occupied on the day the claim is served.