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.

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.

Part 1 Claims

Where no land is taken but a new road, tramway, railway or other public works physically affects your property, Part 1 of the Land Compensation Act 1973 allows a claim for the depreciation in value caused by noise, vibration, dust, fumes, artificial lighting and the discharge of substances.

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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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Live assistant — part 1 claims

Ask anything about this topic and get an immediate answer drawn from this page. General guidance only — specific advice depends on your lease.

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Initial advice is free — tenant side only.

Chris McGarrigle MRICS, chartered since 1989, acting for occupiers across England, Scotland, Northern Ireland and Ireland.

chris@mcgarrigle.com

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