Land compensation

You may be able to claim compensation if the value of your home is affected when:

• a new road is built
• an existing road is changed
• some other work is carried out that causes noise or fumes.

What reasons should I have to claim?

There have to be physical reasons that are a direct result of the new (or changed) road.

These are:

• noise
• vibration
• smell
• fumes
• smoke
• light from street lights and
• solid or liquid substances released onto your property, for example, water from the road surface.

You cannot claim for other things such as losing a view, an ugly building being built near your home or you are now able to see the road when you could not before.

Who can claim?

You can claim if you own your home and were living in it at the time the new or improved road opened (the 'relevant date').

When can I claim?

You have to wait for one year and a day following the relevant date (date of the road opening) before you can make a claim. This is so that we can look at any effects on your home after things have settled down. You must claim within seven years of the relevant date.

If you move away from the property, you can only claim in the first year.

How do I claim?

You can claim, or you may want to ask experts to help you.

There are many chartered surveyors who work in this special area of compensation. They work on a 'no fee, no win' basis. This means you would not have to pay them if you were not successful with your claim.

If your claim is successful, we would pay their costs, although some chartered surveyors may want a 'top-up' contribution from you.

Can you recommend a chartered surveyor?

No, it would not be right for us to recommend a particular business or person and therefore suggest you pursue your own enquiry.

How will you deal with my claim?

There are three stages:

• We will carry out an environmental assessment on your home. This means we look at any physical changes, for example, more noise
• We will consider if compensation is due and will agree the amount with you or your chartered surveyor
• Our lawyers will make sure there are no legal reasons why you should not get compensation.

How long does this take?

Unfortunately, it may take a couple of years, sometimes longer. It depends on how many claims we are dealing with at the time. However, we add interest to any compensation we give you.

What if I do not agree with the compensation you offer me or you say that no compensation is due?

We will always try to agree the amount of compensation with you. However, if we cannot agree, you can ask the Land Tribunal, an independent organisation, to make a final decision.

The rules governing this type of conservation were drawn up in the Land Compensation Act 1973 (Part 1). This act is still in force today.