Noise compensation from a new road or railway

Three things: a real change in the noise climate at the property, a short distance and clear line to the source, and market evidence that buyers price that noise in. A house whose garden and bedrooms face an unscreened carriageway or open rail corridor is in a very different position from one behind a cutting or a noise bund.

Rail noise carries its own features — pass-by peaks, wheel squeal on curves, tannoys and night freight — and those intermittent peaks often affect value more than an average figure suggests.

Authorities frequently offer secondary glazing or ventilation under the Noise Insulation Regulations. Accepting it does not remove your Part 1 rights; it is simply one of the facts the surveyor takes into account when valuing the loss, since insulation helps indoors and does nothing for the garden.

A claim cannot be made until the works have been in use for twelve months, and normally must be submitted within six years of that day. Professional 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 nothing to pay if the claim fails.

Can I get compensation for noise from a new road or railway?

Yes, where the noise from the completed works in use has reduced your property's open-market value. Noise is the first of the seven physical factors named in Part 1 of the Land Compensation Act 1973 and is the most frequently claimed.

Do I need a noise survey to claim?

Not to start. The authority's own environmental statement and noise contour maps usually establish the change in noise climate; a surveyor will only commission monitoring where the recorded levels are genuinely in dispute.

Is noise insulation instead of compensation?

They are separate. Noise insulation under the Noise Insulation Regulations deals with the building; a Part 1 claim deals with the fall in market value. Insulation already fitted is taken into account when the depreciation is valued, but it does not bar a claim.

What if the noise was there before I bought?

The person entitled is the owner on the first claim day, so buyers who purchase after the works opened generally cannot claim for a loss the previous owner suffered — one reason to check the dates before assuming a claim exists.