House devalued by a new road: how to claim the loss

The Act names seven physical factors: noise, vibration, smell, fumes, smoke, artificial lighting and the discharge of any solid or liquid substance. Around roads that usually means tyre and engine noise, HGV vibration, exhaust fumes, road spray and new lighting columns burning across bedroom windows.

What does not count is the loss of a view, loss of privacy, the mess and diversions while the road was being built, or worry about a future phase. It is the effect of the completed road in use that is compensated.

A RICS surveyor values the property twice as at the first claim day — once ignoring the road scheme, once taking the road and its traffic into account. The difference is the claim. It is supported by comparable sales, traffic and noise data and the authority’s own scheme documents, so it is an evidenced figure rather than a percentage plucked from the air.

Distance matters more than anything else: physical factors attenuate quickly, so a property within a couple of hundred metres with a direct line to the carriageway is usually affected far more than one screened by a cutting, bund or intervening housing.

Nothing can be claimed until the road has been open to the public for twelve months, because the Act needs a settled pattern of use to value against. From that first claim day you normally have six years. Missing the end of the window is the single most common way a good claim is lost, so it is worth putting the date in writing early.

Can I claim if a new road has devalued my house?

Yes. If traffic noise, vibration, fumes, smoke, smell, artificial lighting or discharge from a new or altered road has reduced your property's open-market value, Part 1 of the Land Compensation Act 1973 lets you claim that fall in value from the highway authority, even though no land was taken from you.

How much is a house devalued by a new road?

It depends on distance, screening, the volume and speed of traffic and how exposed the affected rooms and garden are. Depreciation is measured against the open-market value on the first claim day and commonly falls between a low single-digit and a low double-digit percentage of value.

How long after the road opens can I claim?

You can claim from twelve months after the road came into public use, and should submit within six years of that first claim day. Claims made before the twelve months have run are premature.

Does it cost me anything to claim?

No. Surveyor fees on a successful claim are recovered from the acquiring authority by reference to Ryde's Scale, so there is nothing to pay up front and no fee if the claim does not succeed.