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Compulsory Purchase Advisory

Resolution undertake valuations in connection with Compulsory Purchase Orders and are able to provide holistic advice in respect of areas of compensation on both residential and commercial property and land.


Recoverable Costs

Resolution make sure that our fees are fully recoverable from the Acquiring Authority and these are ordinarily collected directly so there will be no requirement for you to pay fees.

 

Fundamental Principals

The statutory provisions governing the compulsory purchase of land are principally: the Compulsory Purchase Act 1965; the Acquisition of Land Act 1981; and, the Compulsory Purchase (Vesting Declarations) Act 1981.

These Acts allow the Acquiring Authority – this is usually a Local Authority – to acquire property in the public interest even against an owner’s or occupant’s will.

The law of compensation follows a fundamental and basic principle of equivalence; thus the entity or person derived of its land in the public interest is entitled to compensation equal to the true and actual loss suffered and it should be no more or no less than that amount.


Compensation & Role of the Surveyor

The Acquiring Authority will be legally obliged to compensate for the acquisition of the land, this will normally mean the owner of the land will be compensated under one or all of the following heads of compensation:

  • Market Value of the legal title to the land or property;
  • Disturbance payment;
  • Injurious affection;
  • Severance.

In most cases it will be the Market Value of the property and the disturbance payment that will be of relevance.

The surveyor will establish and maximise, acting on your behalf, the Market Value and level of compensation entitlement.


Recoverable Costs

Resolution make sure that our fees are fully recoverable from the Acquiring Authority and these are ordinarily collected directly so there will be no requirement for you to pay fees.