FAQs

Questions we are asked most

01How much compensation could I receive?

It depends entirely on how much value the works have taken from your property. Awards commonly fall between a low single-digit and a low double-digit percentage of open-market value, so a modest terrace beside a new bypass may see a few thousand pounds while a larger property under a new flight path can be substantially more.

02Can I claim compensation for the loss in my house value caused by a new road or railway?

Yes. That is exactly what Part 1 of the Land Compensation Act 1973 provides for. If the use of new or altered public works has reduced what a buyer would pay for your home because of noise, vibration, smell, fumes, smoke, artificial lighting or the discharge of any substance, you can claim that fall in value in money — without selling and without any land being taken from you.

03What is injurious affection, and how is it different from a Part 1 claim?

Injurious affection means loss in the value of land caused by works or their use rather than by land being taken. Where part of your land was acquired, injurious affection to what you keep is claimed under section 7 of the Compulsory Purchase Act 1965. Where no land at all was taken from you, the two routes are section 10 of that Act (for the construction of the works) and Part 1 of the Land Compensation Act 1973 (for the use of the works). Part 1 is the route most homeowners need.

04Is there a time limit for making a Part 1 claim?

Yes, and it runs at both ends. You cannot claim until the works have been in use for twelve months — that date is the first claim day — and you should submit within six years of it. Claims made outside that window are usually lost, so it is worth checking your dates early even if you are not ready to proceed.

05Do I have to have sold, or be selling, my home?

No. The claim is for the loss in value while you still own the property. You do not need to move, sell, or prove anyone refused to buy.

06Do I have to have lost any land to claim?

No. Part 1 exists precisely for owners who lose value but lose no land. Nothing needs to be physically wrong with your property either — it is the effect of the works in use on what a buyer will pay that is compensated.

07Which physical factors count?

Seven are named in the Act: noise, vibration, smell, fumes, smoke, artificial lighting, and the discharge onto the land of any solid or liquid substance. Traffic and rail noise is by far the most common. Loss of a view, loss of privacy, general disturbance during construction and worries about future development are not compensated under Part 1.

08Can I claim for HS2, a new tram line or an airport expansion?

The Act applies to public works generally — highways, railways, tramways, airports and other works carried out under statutory powers — so schemes of that kind can all give rise to Part 1 claims once the works are in use. What matters is not the name of the scheme but whether the physical factors from its use have reduced your property's value, and whether you held a qualifying interest before the first claim day.

09What if I sold after the works opened?

You may still be able to claim if you held a qualifying interest on the first claim day. Tell us the sale date and we will check.

10Who actually pays the professional fees?

The acquiring authority. Surveyor fees are normally agreed by reference to Ryde's Scale and reimbursed on settlement, along with reasonable legal costs. You are not asked for money up front and pay nothing if the claim does not succeed.

11What is Ryde's Scale?

Ryde's Scale is the long-established scale of professional charges used in compensation work to set the surveyor's fee by reference to the compensation agreed. Because the authority reimburses fees calculated that way, the cost of being properly represented does not come out of your compensation.

12How long does a claim take?

Most claims settle within six to eighteen months of submission, depending on the authority's backlog and whether the valuation is agreed at the first offer.

13What evidence will I need?

Proof of your interest in the property (title register or lease), the date you acquired it, the scheme details and its opening date, and anything that records the effect on you — photographs, noise readings, correspondence from the authority, and any marketing history if you have tried to sell. We gather the comparable sales and scheme data ourselves.

14How is the reduction in value actually calculated?

A RICS surveyor values the property twice as at the first claim day: once as though the scheme did not exist, and once taking the works and their use into account. The difference is the depreciation claimed, supported by comparable sales, traffic and noise data and the authority's own scheme documents.

15Is the compensation taxable?

A Part 1 payment is generally treated as a capital sum derived from your interest in the property, and for most owner-occupiers no tax is payable. We will always suggest you confirm your own position with an accountant.

16Is a Part 1 claim the same as a home loss payment or compulsory purchase compensation?

No. Compulsory purchase compensation and home loss payments arise when land is bought from you or you are displaced from your home. A Part 1 claim arises when nothing is taken and you stay put, but the use of new public works has reduced your property's value. If land has been acquired from you as well, tell us — different heads of claim may run alongside each other.

17Can my neighbours claim too?

Yes, and it usually helps. Claims from a street or estate share scheme evidence and are often negotiated together, which speeds everything up.

18Does making a claim put me in dispute with the council?

No. This is a statutory entitlement that authorities budget for as part of the scheme. The process is a valuation negotiation, not a complaint.

19What happens if the authority refuses my claim or offers too little?

Most disagreements are resolved by negotiation between the two valuers on the evidence. If a figure genuinely cannot be agreed, either side can refer the claim to the Upper Tribunal (Lands Chamber), which determines the compensation. Very few claims need to go that far.

20How much is a home loss payment, and is it the same as a Part 1 claim?

No. A home loss payment recognises being displaced from a home you occupied when land is acquired: an owner-occupier receives a percentage of market value between a statutory minimum and maximum, and other occupiers receive a flat statutory sum, with the figures reviewed by regulation. A Part 1 claim is different — nothing is taken, you stay put, and you are paid the fall in your property's value caused by the use of new public works.

21What is a disturbance allowance?

Where land is acquired and you have to move, a disturbance payment covers the reasonable costs actually caused by moving — removals, redirecting post, adapting equipment, and for a business the loss of profit. It does not arise on a Part 1 claim, because a Part 1 claim assumes you stay in the property.