Compulsory purchase is the legal process by which certain bodies can acquire land without the owner’s consent.

In this blog, our experienced Planning Law solicitors answer some frequently asked questions about the law surrounding compulsory purchase.

What is compulsory purchase?

Compulsory purchase is a legal mechanism that allows some organisations to compulsorily acquire land or property without the consent of the owner.

Compulsory purchase powers are used to support the delivery of a range of development, regeneration and infrastructure projects that are deemed to be in the public interest with a view to helping bring about improvements to social, economic and environmental well-being.

Who can issue a compulsory purchase order (CPO)?

CPOs can be issued by both public and private organisations such as local councils, development authorities, government departments, utility companies and transport operators (known as ‘acquiring authorities’).

When can compulsory purchase powers be used?

CPOs should be considered a last resort. Acquiring authorities are expected to attempt to purchase land through negotiation and mutual agreement wherever possible.

Compulsory purchase orders should only be used where there is a “compelling case in the public interest”.

If a CPO is necessary, the acquiring authority must demonstrate why a CPO is needed and follow a specific legal process.

According to government guidance, an acquiring authority should be sure that the purpose for which the compulsory purchase order is made justifies interfering with the human rights of anyone with an interest in the land affected.

What are CPOs used for?

Compulsory purchase orders are commonly used for new infrastructure projects, including:

  • To build new homes.
  • To create a new transport link (for example, HS2, a new road or an airport expansion).
  • To regenerate an existing area.
  • To create a public safety zone.
  • For a listed building in need of repair.
  • For utility works.

What laws govern compulsory purchase?

CPOs can be made under various laws, depending on the project type being promoted. These include:

  • Acquisition of Land Act 1981.
  • Transport and Works Act 1992.
  • Planning Act 2008.
  • Hybrid Acts of Parliament (generally used to authorise major infrastructure projects, such as HS2 and Crossrail).

What is involved in a compulsory purchase?

The main stages of the compulsory purchase order process are as follows:

  1. Initial enquiries. The acquiring authority makes preliminary enquiries to determine whether any land needs to be acquired in order to complete the project it intends to carry out. At this stage, the acquiring authority may consult on their plans and the landowners who may be affected can be requested to provide certain information about their interests in the land.
  2. Submission of CPO documentation. The acquiring authority must formally state its intention to use its compulsory purchase powers by preparing and submitting documentation to the relevant confirming authority (usually a government minister or official).
  3. Formal notice. Landowners affected by the compulsory purchase are given formal notice of the intention to apply for a CPO to acquire their land. Property owners then have the opportunity to object to the CPO. They can also negotiate with the acquiring authority to see if an agreement can be reached without recourse to a CPO.
  4. Consideration of CPO. The confirming authority will consider the merits of a CPO and sometimes hold a public inquiry.
  5. Decision. The confirming authority will decide whether to confirm, reject or modify the CPO.
  6. Compensation. If a CPO is granted, the acquiring authority takes ownership of the land and compensation is paid to the owner.

How much compensation do you get for a compulsory purchase?

The main principle that governs how much compensation homeowners and other affected parties should receive by way of compensation is “equivalence”.

This means that a claimant should be placed in no better and no worse a financial situation than they were in prior to the acquisition taking place.

Compulsory Purchase Solicitors Blackheath

The law surrounding compulsory purchase is complicated and specialist legal advice from an experienced solicitor specialising in planning issues is vital.

Beverley Morris & Co. Solicitors’ planning law team can advise individuals, developers and landowners on development projects and provide guidance and representation on the diverse legal issues involved.

Our planning law specialist is Richard Hutson, who has many years of experience in the field and keeps abreast of all developments in order to provide clients with the most relevant and up-to-date advice.

Richard deals with all areas of planning law including planning appeals, representations on planning applications for proposed developments and applications for certificates of lawful use. He also deals with both residential and commercial compulsory purchases.

Our planning law services include:

  • Compulsory purchase compensation.
  • Enforcement notices.
  • Existing use rights.
  • Land disposal.
  • Planning applications and appeals.
  • Listed building and conservation area consents.
  • Planning contravention notices.
  • Option agreements.
  • Rating.
  • Regulatory issues.
  • Representing interests in the Planning Court.
  • Section 106 Agreements, including highway, education, affordable housing, transport, and infrastructure contributions.

Initial enquiries are free so if you have a planning law matter you would like to discuss, call our Compulsory Purchase solicitors in Blackheath today on 020 8852 4433 or make an online enquiry.