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Compulsory purchase and compensation

Compulsory purchase and compensation

Home / Residential services / Compulsory purchase

Expert advice to simplify and manage the compulsory purchase process.

Our team helps you navigate orders, from initial contact to compensation.

Our Compulsory Purchase Order (CPO) professionals work across the UK with the support of our extensive network of offices and specialist consultants.

Contact the team

Why trust us with your compulsory purchase order

Expertise across properties

We handle all property types affected by a CPO, including houses, farms and offices, as well as more unique properties like airfields, woodland, fishing lakes and football grounds.

Wide range of projects

We focus on road and rail schemes, but also work on projects such as pipelines, flood defences, electricity and regeneration.

Extensive specialist knowledge

We鈥檒l guide you through the CPO process to identify and solve issues early. We work with lawyers, planners and forensic accountants to achieve the best outcome.

Acquiring authorities assistance

We also offer advice to authorities, with extensive experience in higher-level acquiring authority work, including compensation estimates for schemes.

Frequently asked questions

What is a compulsory purchase order?

A CPO is a legal tool that allows certain authorities to buy land or property without the owner鈥檚 approval to support building development, regeneration and infrastructure projects of public interest.

How does a compulsory purchase order work?

  • Once a CPO has been issued, the authority has the right to purchase the land or property at a fair market price determined by an independent valuation.
  • The owner has an opportunity to object or negotiate the terms of the purchase.
  • If an agreement can鈥檛 be reached or the owner refuses to sell, the authority can seek permission from a higher authority, such as a government department, and if granted, the authority can take possession and ownership.
  • Due to the tricky nature of the process, landowners and occupiers are often approached before a CPO is issued to see if the land can be acquired by mutual agreement.

Which schemes have different processes for obtaining power?

  • Significant infrastructure projects go through the Development Consent Order process, determined at a national level.
    • Road schemes are often built under a Highways Act CPO.
    • Rail schemes tend to use a Transport and Works Act CPO.
  • Some schemes, such as High Speed Two, obtain their powers via a bespoke act of parliament.

How long does the compulsory purchase order process take?

The process can be long and complex, taking years, but bodies like water companies and the Environment Agency have powers they can use at short notice.

How much does a compulsory purchase order cost?

Claimants are usually entitled to reimbursement of professional fees. If there is no legal entitlement, we鈥檒l request a fee indemnity.

Can a compulsory purchase order be stopped?

  • Schemes need to go through processes for authorities to obtain planning permission and have the power to issue a CPO.
  • These processes include opportunities for the affected landowners and occupiers to make representations.
  • It鈥檚 difficult to stop a scheme completely, but you can propose changes to be made.

How to get compensation from a compulsory purchase order?

  • The compensation amount for a CPO varies significantly based on location, size, condition, market value and purpose of the property or land.
  • We鈥檒l advise you from the beginning so you can submit your initial 鈥榝orm of claim鈥� for compensation once you鈥檝e received notice from the CPO.
  • The form must have as much detail and supporting evidence as possible to start negotiations, although full details of the claim won鈥檛 yet be known.
  • At the same time, you can request an advance compensation payment 鈥� this is payable when the land is bought or no more than three months after the request is submitted.
  • The advance is typically based on 90% of the acquiring authority鈥檚 estimate of the total claim but is often less than the final agreed figure.

What if the amount of compensation can’t be agreed?

  • Most cases are settled through negotiations between the acquiring authority鈥檚 agent and the claimant鈥檚 agent.
  • Acquiring authorities should treat claimants fairly and work to reach an agreement, but the ultimate arbiter is the Upper Tribunal (Lands Chamber).
  • Simpler disputes are often dealt with via dispute resolution.

Next steps

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