COMPULSORY PURCHASE AND BLIGHT

COMPULSORY PURCHASE

A Compulsory Purchase Order (CPO) arises where their land or buildings are affected by proposed public works such as HS2, road schemes, town centre redevelopment or even a new runway. CPOs can also be declared on much smaller local schemes where the local authority considers it appropriate.

An owner of property affected by a CPO is entitled to compensation to recover their losses. The principle rule is that the property owner should not be placed in a worse financial position than he would be in if the CPO had not been declared. The full value of the property acquired must be paid by the acquiring authority. The authority will also pay other costs of removal and acquisition together with reasonable legal and surveyors fees. Depending on the type of property and other criteria, additional compensation may be payable. This can be as much as 10% of the value of the property.

A CPO can have a massive impact on a business which finds it must relocate. The business should not lose out financially as the result of a CPO. A business is entitled to make a disturbance claim to the local authority to recover all costs associated with having to relocate. Depending on the nature of the business, the disturbance claim can often be a significant part of the claim and be a very complex negotiation. If it can be shown that the business has suffered because of the relocation, then this can form part of the claim.

Regardless of the size, value and type of property, if you are affected by a CPO we can help to ensure that you receive the full amount of compensation you are entitled.

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BLIGHT

A property might be affected by a project such as HS2 but the CPO order has not yet been made. The effect of this is that it may prove impossible to sell or let the property.

A property might be affected by a project such as HS2 but the CPO order has not yet been made. The effect of this is that it may prove impossible to sell or let the property. If this is the case, we can advise you on the merits serving a “Blight Notice” on the authority proposing the works. Once a Blight Notice has been accepted it has the same effect as if the CPO had been declared and we can negotiate full compensation on your behalf. A Blight notice can be served in respect of any type of property. It just needs to be established that it is “blighted” by the proposals.

Property owners can also find that the value of their property is affected by a scheme but their property is not being acquired by the authority e.g. A new road or rail line being built immediately to the rear of a housing estate can have a significant effect on property values. Compensation for loss of value can be claimed.

To discuss how we can help you obtain full compensation if you are affected by Blight or a CPO, please contact Ian Stanistreet at Scanlans:

Ian Stanistreet – Tel: 0161 212 8310

Email ian.stanistreet@scanlans.com