When a claim can be made
The claim period opens twelve months after the works come into public use and normally runs for six years. Claimants must hold a qualifying interest — freehold, or a lease with at least three years unexpired — at the relevant date.
How the loss is measured
Compensation is the difference between the value of the property with and without the physical factors, assessed at the first claim day. Evidence of trade impact, comparable transactions and specialist noise data all feed the valuation.
Costs and negotiation
Reasonable surveyor's fees are normally recoverable from the acquiring authority. Disputes are referred to the Upper Tribunal (Lands Chamber).
Common questions
Do I need to have lost land to claim?
No. Part 1 exists precisely for owners and long leaseholders whose property is affected by public works even though nothing was acquired from them.
How long do I have?
Generally six years from the first claim day, which is twelve months after the works open to public use.
Which physical factors count?
Noise, vibration, smell, fumes, smoke, artificial lighting and the discharge onto the property of any solid or liquid substance, caused by the use of the new works.
Does traffic on an existing road count?
No. The claim arises from the use of new or altered public works, not from a general increase in traffic on an unchanged highway.
Do I pay anything to make a claim?
Reasonable surveyor's fees are normally recoverable from the acquiring authority as part of the claim, so the process is usually cost-neutral.
What if the authority rejects the claim?
The dispute is referred to the Upper Tribunal (Lands Chamber), though most claims settle by negotiation well before that stage.
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Chris McGarrigle MRICS, chartered since 1989, acting for occupiers across England, Scotland, Northern Ireland and Ireland.
chris@mcgarrigle.comRelated guides
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- Commercial Property Expert WitnessExpert witness on commercial property: rent, lease renewal, dilapidations and compensation. MRICS, MCIArb, senior lecturer and MSc Real Estate course leader.
- Section 18 ValuationSection 18(1) of the Landlord and Tenant Act 1927 caps dilapidations damages at the diminution in the value of the reversion. How the valuation works.