FAQ (Land Compensation Act 1973)
Am I eligible to make a claim even though I purchased the property when the road was being constructed?
Yes you are eligible to make a claim provided you still own the property on the date the road opens to traffic and on the date the claim is submitted to the authority. You may still make a claim if you purchase the property the day before the road opens to traffic.
What fees or costs do I have to pay if I employ you to deal with my claim?
For most of the cases we deal with there is no fees or costs for you to pay. The reason for that is under the Land Compensation Act 1972 if your claim is successful we will receive our fee from the highway authority for acting on your behalf. If your claim is not successful we will not charge. Therefore if you are successful or not you will not have to pay us a fee. There are a few circumstances that we might charge you commission on top of the fee we receive from the highway authority but this would be agreed between you and us prior to you instructing us.
How much compensation will I get?
This will depend on how badly you are affected by the new or improved road and the value of your property. Compensation is calculated as a percentage of the value of your property. For example if it were agreed that your property had been devalued by 3% by the use of the new road and your property is worth £200,000 then you will receive £6,000 (Note that you do not pay tax on this compensation)
How long will it be before you settle my claim?
Normally a claim cannot be submitted to the highway authority until the road has been open for 12 months (Unless you are selling your property then special rules apply). It can then take on average 6 - 18 months to negotiate and settle your claim: however it can take longer if we cannot reach an agreement with the highway authority on the amount of compensation you should receive.
Can I make a claim if my property is let?
Yes, in most cases you can, provided you have a proper tenancy agreement in place.