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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 or
- 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 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 six 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. However, we can give you a list of businesses
and their contact details. If you would like a list, please let us
know.
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 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
Land Compensation Act (1973 Part 1)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. |