What is Part I Compensation?
Under Part I of the Land Compensation Act 1973 (‘the Act’), compensation can be claimed by people who own and also occupy property that has been reduced in value by more than £50 by physical factors caused by the use of a new or altered road.
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Any costs are paid for by the acquiring Authority of the local authority.
The physical factors are noise, vibration, smell, fumes, smoke and artificial lighting and the discharge onto the property of any solid or liquid substance. The cause of the physical factors must be the new or altered road use. For example, if a road is altered, the noise and other adverse effects must arise from the traffic using the altered stretch of road.
Part I compensation cannot be claimed for the effects of traffic further down the road where no alteration has taken place. Under the provisions of the Act, a road is altered only when there is a change to the location, width or level of the carriageway or an additional carriageway is provided beside, above or below an existing one. Part I compensation is not payable when the carriageway has simply been resurfaced.
Part I compensation is also not payable where part of the affected property has been taken for the construction of the new or altered road. This is because the effect of the use of the road on the value of the rest of the property must be taken into account in calculating the compensation for the part of the property taken.
Loss of view or privacy, personal inconvenience and physical factors arising during the construction of the road are also not included under Part I compensation. However, you will not be compensated for damage to property arising from incidents on our road network but not under the provisions of Part I
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How do I claim?
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You can make a claim yourself or ask us to do this for you.
Most people prefer to use a professional property valuer or an agent that specialises in Part I claims to prepare and negotiate the claim on their behalf, so we know we can help you.
You need to be sure you are the owner of either the freehold or a lease with at least three years left to run and that you can prove this.
If you do not occupy the property, you will need to show that you do have a legal right to do so.
For example, if the property is let, we may ask to see a copy of the tenancy agreement. Details of joint owners must be included in the claim. People with a different interest to yours in the property should submit their own, separate claim. For example, if they are the owners or long-term tenants of a different part of the same property, you cannot claim for them. Please make sure you tell us about any changes relating to your claim, including your contact details.