Part 1 Claims

Roads

Part 1 of the Land Compensation Act 1973 provides for compensation to be claimed by owners of property that is reduced in value by the use of a new or altered road (an altered road could, for example, be a road that is being made into a dual carriageway).

This means that compensation can only be claimed for so much of the loss in value that is attributable to the physical factors arising from the use of the new or altered road (for example, there is no right to compensation for the view of the road itself).

The physical factors include noise, vibration, smell, fumes, smoke, artificial lighting and the discharge on to the property of any solid or liquid substance. Claims can only be made a year and a day after the new or altered road first came into public use and must be made within six years of that date.

In order to claim, you must own and occupy the property (unless you let the property out) both on the date the new or altered road opened to the public and on the date you claim, although there are some exceptions. Please contact us to see if you qualify.

Railways

Part 1 of the Land Compensation Act 1973 also provides for compensation to be claimed by owners of property that is reduced in value by the use of a new or altered railway (an altered railway could, for example, be a railway that has another track added).

Again, this means that compensation can only be claimed for so much of the loss in value that is attributable to the physical factors arising from the use of the new or altered railway (for example, there is no right to compensation for the view of the railway itself).

The physical factors are noise, vibration, smell, fumes, smoke, artificial lighting and the discharge on to the property of any solid or liquid substance. Like with roads, claims can only be made a year and a day after the new or altered railway first came into public use and must be made within six years of that date.

Similarly, in order to claim, you must own and occupy the property (unless you let the property out) both on the date the new or altered railway opened to the public and on the date you claim, although there are a few exceptions. Please feel free to contact us for advice.

Airports

Part 1 of the Land Compensation Act 1973 further provides for compensation to be claimed by owners of property that is reduced in value by the use of a new or altered airport (an altered airport could, for example, be an airport that has another runway added).

As before, this means that compensation can only be claimed for so much of the loss in value that is attributable to the physical factors arising from the use of the new or altered airport (for example, there is no right to compensation for the view of the airport itself).

The physical factors again include noise, vibration, smell, fumes, smoke, artificial lighting and the discharge on to the property of any solid or liquid substance. Claims can only be made a year and a day after the new or altered airport first came into public use and must be made within six years of that date.

As with roads and railways, you must own and occupy the property (unless you let the property out) both on the date the new or altered airport opened to the public and on the date you claim, although there are some exceptions. Please contact us if you are unsure about your eligibility.