What to do when faced with a CPO acquisition?

A claimants guide to making a successful compensation claim.

If you are faced with a Compulsory Purchase Order (CPO) there are a few things you can do to protect your position and assist your case to ensure a quick resolution and fair compensation. Our team of CPO experts have outlined some simple steps you can follow:

1. Gather information on the proposed scheme

Obtain, read, and keep copies of all publicly available information about the proposals which are likely to impact your property and/or business. It will help you identify what specific concerns you may have to inform future engagement and potential objection.  

2. Gather information about your property

Your interest in land (whether freeholder, leaseholder and/or occupier) is critical to your compensation claim. Copies of all title deeds and leases will be required both in filling out any ‘Requests for Information’ and proving the legal basis of claim.

3. Speak to CPO experts

Our specialist RICS accredited team provide 30 minute free advice on Compulsory Purchase. We can review the relevant scheme, talk about your concerns and will be able to provide you with an overview of the CPO process and the main heads of claim and what a future compensation claim may involve.   

If you are impacted by a CPO you will need to instruct a specialist CPO surveyor to assess your claim and compile your claim for compensation.

Fees deemed ‘reasonable’ are normally underwritten by the acquiring authority as part of the claim process. Reasonable fees are justified by submitting a timesheet of work carried out.

Our CPO team advise parties on the CPO process and compensation on a daily basis and provide detailed timesheets.

4. Review planning

If the proposals have not yet been granted planning permission, there is an opportunity to lodge an objection through the application procedure. That might take the form of an objection or a representation highlighting specific concerns.    

5. Consider your planning position

Check the planning position in relation to your own land or property. Compensation is affected by how your land or property is and can be lawfully used as well as the potential for development.

6. Keep a paper trail

To support your claim for compensation you should keep a detailed record of all correspondence which is connected and not too remote to the scheme. This will support your decisions and evidence that they were reasonable in the circumstances.

7. Keep records of expenditure

If your land or property is ultimately acquired or your business is required to relocate, whether by CPO or through negotiation, you will be looking to recover the costs incurred. You should keep records of everything you have spent in connection the compulsory acquisition.

8. Be careful on decision-making

If you are a business, how you respond to the threat of an acquisition will be relevant for your compensation claim. Evidence of decision-making, detailed board minutes, letters and emails will assist the evaluation of business’ decisions to support a compensation claim.

9. Act quickly on correspondence and statutory notices.

If correspondence is received from the acquiring authority you will need to take action in a timely manner. Ensure you seek professional advice quickly.

10. Take advice  

Take professional advice in how to engagement with the acquiring authority. We can support your future claim by either serving a blight notice, purchase notice or applying for a certificate of appropriate alternative development. These options only apply at specific times in the process therefore professional advice is important.

© Cluttons LLP. 2024. This publication is the sole property of Cluttons LLP. and must not be copied, reproduced, or transmitted in any form or by any means, either in whole or in part, without the prior written consent of Cluttons LLP. The information contained in this publication has been obtained from sources generally regarded to be reliable. However, no representation is made, or warranty given, in respect of the accuracy of this information. We would like to be informed of any inaccuracies so that we may correct them. Cluttons LLP does not accept any liability in negligence or otherwise for any loss or damage suffered by any party resulting from reliance on this publication. We strongly recommend that you always seek advice and presentation from a suitable qualified professional on any matter.

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Chris Jakes

Partner, head of lease advisory and compulsory purchase

T +44 (0) 20 7647 7276
Chris Jakes
Contact

If you do not wish to receive further communications from us, please email [email protected]. More details on how to opt out can be seen in our Privacy Policy.

Jack Spreadborough

Associate, lease advisory and compulsory purchase

T +44 (0) 20 7647 0857
Jack Spreadborough

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