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Has your land been affected by a new or altered public road?
Olivia-Alice Hutchings MSc MRICS FAAV, of our Tiverton Professional Department, discusses the Land Compensation Act 1973 and highlights physical factors that may be considered and whether you could be entitled to a claim.
Under Part 1 of the Land Compensation Act 1973, compensation can be claimed by those who own or occupy property that has been reduced in value by physical factors, as a result of public works, such as a new or altered road. The physical factors considered are noise, vibration, smell, fumes, smoke and artificial lighting along with the discharge of waste onto the property.
Please note that the loss of view or privacy, personal inconvenience, and physical factors arising during the construction phase of the works, are not included under Part I compensation. However, Stags are able to advise and negotiate compensation on your behalf for damage to your property which occurs during the construction phase.
It is also possible to claim under Part 1 for the diminution in value of an agricultural or commercial unit; however, you must be the owner and occupier both before the new or altered road first came into public use, and at the date that you claim.
Pursuant to the Act, the first day for claiming compensation is a year and a day after the new or altered highway first came into public use. The Local Authority cannot accept claims made before the first claim day, except when you are selling your property or granting a lease.
If you own or occupy a property affected by public works, please get in touch with your local Stags office to discuss submitting a Part 1 claim. Prior to undertaking any work, we will confirm that Highways will refund what is considered to be reasonable valuation expenses incurred by you to employ an agent to prepare and negotiate your claim.