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WE ARE PLEASED TO OUTLINE THE BACKGROUND TO YOUR RIGHT TO CLAIM COMPENSATION FOR ROAD NUISANCE FOR NEW OR WIDENED ROADS UNDER PART 1 OF THE LAND COMPENSATION ACT 1973

 

Compensation

" PART 1 CLAIMS " AN EXPLANATION

 

CLAIMS FOR LOSS OF VALUE TO RESIDENTIAL PROPERTY DUE TO PUBLIC WORKS (i.e. roads, railways, airports) (Land Compensation Act 1973 – Part 1)

 

If you consider your property could be affected by the use of the new or altered public works, you will be entitled to make a claim one year after the works are opened, as long as:

you own your property before the opening date of the works; and

you still occupy your property when you make a claim one year later; or

you own your property but it is let out to a tenant.

 

There are special provisions if you wish to sell your property in the first year after the opening of the works. Under these circumstances a claim must be made between the signing of contracts and completion of the sale, otherwise you will lose your rights.  Your solicitor should be advised as soon as a purchaser is found, and your claim would be considered at a later date.

 

IF YOU MAKE A VALID CLAIM, YOUR PROPERTY WILL BE VALUED AT THE OPENING DATE OF THE PUBLIC WORKS AND ONE YEAR LATER

 

It will be considered whether the value has diminished due to noise, vibration, fumes, smell, smoke or artificial lighting, or any combination, due to the use of the public works (hence the one year settling down period required).  Depreciation will be the difference between the value of the property, as if the works improvements were not there, and the value with the existence and use of the works, although only depreciation due to the use of the works will be compensated.

 

THERE CAN BE NO GUARANTEE AS TO THE LEVEL OF COMPENSATION OR VALIDITY OF A CLAIM – IT DEPENDS UPON YOUR PARTICULAR CIRCUMSTANCES

 

IF SUCCESSFUL:

Compensation will be paid, plus interest from the date of your claim.

Your surveyor's fees and reasonable legal fees will be paid by the Highways Authority.

 

IF UNSUCCESSFUL:

You will still not be responsible for any fees.  We will not charge a fee if your claim is unsuccessful and legal fees are only incurred on a successful claim.