Planning specialist, Ben Garbett, explains how property owners and leaseholders may be entitled to claim compensation where they experience disturbance from the physical effects of public works.
Property owners and leaseholders are entitled to claim compensation in cases where they experience disturbance from the physical effects of 'public works' which have come into use (Part 1 of the Land Compensation Act 1973).
Compensation is assessed on the amount by which the property has reduced in value, with interest on agreed compensation from the date of claim. Disputes concerning the amount of compensation payable can be referred to the Upper Chamber (Lands Tribunal).
Claims can be submitted up to 6 years from the date on which the right of claim arises, so if this might affect you please get in touch.
In general terms, the disturbance must be caused by physical factors arising from public works:
Public works -This could be new roads or road widening schemes, motorway lighting schemes, new airports or altered runways, transport systems, and many other projects created under statutory legal powers, including changes of land use.
Physical factors -This includes noise, vibration, smell, fumes, smoke, artificial lighting (especially in previously unlit rural areas) and the discharge of any solid or liquid matter onto a claimant's property. It does not include loss of view, damage to private amenity, personal inconvenience, trade loss or cases where the public use has simply intensified without any physical alterations.
No claim can be made if land has already been acquired from the property for the development.
Freehold owners, occupiers or leaseholders with at least three years of their lease to run, who occupy a property and who acquired their interest before the public works came into use. Local housing authorities, housing associations and owners of guest houses are entitled to submit claims too. A rateable value limit will apply to any claim by an owner of business premises.
As part of the overall claim you are entitled to reimbursement for solicitor's fees and surveyors fees, provided that they are reasonably incurred.
You will become 'at risk' on fees for the cost of taking disputed compensation cases to the Upper Chamber (Lands Tribunal).
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This article is for general information purposes only and does not constitute legal or professional advice. It should not be used as a substitute for legal advice relating to your particular circumstances. Please note that the law may have changed since the date of this article.