Voluntary acquisition of private property
Compulsory purchase powers may be used to deliver a wide range of schemes.
These include new public buildings, housing developments, new road building schemes and alterations to existing highways networks, flood defence works, sewer water or gas pipe schemes and even large scale mixed-use regeneration projects.
Local councils and many other authorised bodies have powers to acquire land (and other interests in land) compulsorily to carry out a function which Parliament has decided is in the greater public interest. However, the enactments promoting compulsory purchase invariably authorise the public bodies to acquire the land by agreement wherever this is possible.
Where it is known that we require land for the delivery of a scheme, an owner or occupier may be prepared to sell their interest in advance of the us making a compulsory purchase order. This procedure is often called purchase by agreement under the shadow of compulsory purchase powers. It can still be very worrying and distressing to discover that the property you own or occupy may be affected by a proposed compulsory purchase order (CPO), even if you are a willing seller, and we urge that you seek proper professional advice on the matter as early as possible.
Purchase by agreement in advance of the council invoking compulsory purchase powers can still be a very complex matter and if you are affected by a proposed CPO scheme then you will be entitled to compensation which will be assessed in accordance with the Compulsory Purchase Code. In most circumstances the costs of employing a professional representative will be included as part of the compensation to be paid by the acquiring authority.
Compulsory purchase powers may be used to deliver a wide range of schemes i.e. new public buildings, housing developments, new road building schemes and alterations to existing highways networks, flood defence works, sewer water or gas pipe schemes and even large scale mixed-use regeneration projects.
However, wherever possible we will always seek to acquire land by agreement.
The Royal Institution of Chartered Surveyors (RICS) operates a compulsory purchase helpline and they can be contacted on 0870 333 1600. This helpline will put you in touch with experienced chartered surveyors in your local area who will provide you with up to thirty minutes of free advice.
The Department of Communities and Local Government print a series of five guidance booklets which explain, in simple terms, how the compulsory purchase system works including purchase by agreement. If you think you may be affected by a proposed compulsory purchase order you may find these publications very useful.
(1) Compulsory Purchase Procedure
(2) Compensation to Business Owners and Occupiers
(3) Compensation to Agricultural Owners and Occupiers
(4) Compensation to Residential Owners and Occupiers
(5) Reducing the Adverse Effects of Public Development Mitigation Works
All the above documents are available free on request or can be downloaded direct from the Department of Communities and Local Government
Websites and helpful links
Royal Institution of Chartered Surveyors
Department of Communities and Local Government
The Valuation Office Agency
If you think that you may be affected by a proposed compulsory purchase order then you can always contact us direct to discuss the scheme proposals.
Property and Procurement
PO Box 687
Tel: 01226 774307 Fax: 01226 774399