RICS CHARTERED SURVEYORS SPECIALISING IN COMPULSORY PURCHASE FOR HOMEOWNERS AND BUSINESSES

Compulsory Purchase Specialist

Protecting Your Right to Fair Compensation

What is a Compulsory Purchase Order? A Compulsory Purchase Order (CPO) is a method of forced property acquisition where it would otherwise not be possible to purchase the property by agreement. It is used when your property is needed for new infrastructure such as a road, railway, or utilities, or to regenerate an area to provide new housing.

What does compulsory purchase mean to the affected party? A compulsory purchase order provides the right for the body with the compulsory purchase powers (known as an acquiring authority) to force the homeowner, business owner or landowner from their property on a set date without their agreement. The party whose property will be taken has no control over when the property or business is acquired.

What compensation am I entitled to? Compulsory purchase compensation, sometimes referred to as CPO compensation is the money paid to property owners and occupiers impacted by a compulsory purchase order. The compensation paid to Homeowners and Business Owners is different. The affected party should be left in the same position after a compulsory purchase order as they were before. Please click on the link below which best describes your situation for a list of compensation you are entitled to claim.

Homeowner in Occupation
Residential Property Owner not in Occupation
Commercial Property Owner
Business in Occupation
Landowner

What is the Compulsory Purchase Code? When faced with the prospect of a compulsory purchase order, advisors will regularly frame the discussion around a body of legislation known within the profession as the Compulsory Purchase Code. It would be helpful if all the legislation relating to compulsory purchase was captured in one single compulsory purchase act, sadly it is a lot more complex. It is a catch all phrase for legislation, case law and common law rules relating to compulsory purchase. The current law of compulsory purchase is a patchwork of diverse rules over more than 100 years.

How Long is the Compulsory Purchase Process? This is a difficult question to answer and definitely falls into the ‘how long is a piece of string’ category. Whatever timeframe the acquiring authority say, it is likely to be longer than that. If everything went to plan it could take approximately eighteen months from the date the compulsory purchase order is made to the date possession of your property is taken. In reality it takes a lot longer and is more like three years from start to finish.

What is the Role of a Compulsory Purchase Surveyor? Tom Olden acts as a surveyor/valuer on behalf of people affected by compulsory purchase (known as claimants). Tom’s role as compulsory purchase surveyor is to advise claimants on the entire compulsory purchase process from the date the first letter comes through your door, to the date the acquiring authority takes possession of the property, through to the date the final compensation settlement is agreed. Tom will advise on what compensation a claimant is entitled to, including the property value, statutory payments and additional compensation. He will negotiate on your behalf to ensure you receive the best compensation settlement possible. Tom will assist with the search for relocation or reinvestment property and act as an expert witness if the case goes to Tribunal. Advise on the appropriate way to object to a CPO.

Where Can I Get Advice?

If you would like to discuss your situation please contact Tom through our Contact Page, email him at tom@oldenpropertyconsulting.com or call us on 020 7112 8073. We would be happy to have a 30-minute free of charge discussion about your case and suggest steps you need to take.

Further information and guidance relating to the Compulsory Purchase Process can be found through clicking on the links below

Communities and Local Government – Compulsory Purchase Procedure

Compensation to Business Owners and Occupiers

Compensation to Residential Owners and Occupiers

Compulsory Purchase Association

Royal Institution of Chartered Surveyors Compulsory Purchase Advice

RICS Consumer guide on Compulsory Purchase

How Much Does a Compulsory Purchase Surveyor Cost?

If you are affected by compulsory purchase, there should be no cost to you. The organisation making the CPO is obligated to pay all your legal and surveying fees. The compulsory purchase is forced on you and therefore there should be zero cost to you in dealing with the CPO. This includes the cost to value your property, assess the compensation claim and negotiate a settlement on your behalf as well as any legal fees.

Do I Have to Sell in Advance of Compulsory Purchase?

No. Increasingly local authorities try to acquire property with the threat of a CPO in the background. This basically means ‘we don’t have a CPO yet, but we will at some point in the future’. This is fine when the threat lasts for six to twelve months however there are local authorities where there has been a compulsory purchase in the background for over ten years. When there is no CPO in place, there is no obligation on you to sell your property, irrespective of the pressure a local authority may be putting on you to sell. If you are in this position and feel you are being pressured to sell your property where there is no CPO in place, please read this Blog The Art of the Deal – Don’t be Bullied or call us to discuss.

The Role of Your Compulsory Purchase Surveyor

Tom Olden acts as a surveyor/valuer on behalf of people affected by compulsory purchase (known as claimants). The role of a compulsory purchase surveyor is to advise claimants on the entire compulsory purchase process from the date the first letter comes through your door, to the date the acquiring authority takes possession of the property, through to the date the final compensation settlement is agreed. Tom will advise on what compensation a claimant is entitled to, including the property value, statutory payments and additional compensation. He will negotiate on your behalf to ensure you receive the best compensation settlement possible. Tom will assist with the search for relocation or reinvestment property and act as an expert witness if the case goes to Tribunal. Advise on the appropriate way to object to a CPO.

“My role is to take the stress (as much as possible) from the people affected by this unique occurrence and keep them informed every step of the way. More importantly my role is to act on behalf of the claimant to ensure they are fully and fairly compensated for their forced sale of their property or business.” Tom Olden MRICS

Why Use Olden Property Consulting

Tom set up Olden Property Consulting so that claimants are provided with the same level of advice that is afforded to acquiring authorities. Tom is passionate about ensuring claimants receive fair compensation and negotiates tirelessly on their behalf to ensure they do.

Tom deals with every case personally. Therefore, claimants who instruct Olden Property Consulting know their claim is being handled by a highly experienced compulsory purchase surveyor, it will not be passed to a trainee or recently qualified colleague. Consistency of advice and knowledge of the history of a case is invaluable. One point of contact – one source of knowledge throughout the process.

Tom is a Member of the Royal Institution of Chartered Surveyors, a Registered Valuer and is a member of the Compulsory Purchase Association. He has been advising people affected by compulsory purchase since 2006 when he worked on the land assembly for the London Olympics. Since then he has advised countless homeowners, small business owners as well as national retailers and corporates affected by CPO.

If your home or business is impacted by a compulsory purchase order please get in touch. You can contact us either through our Contact Page, email us at info@oldenpropertyconsulting.com or call us on 020 7112 8073. We would be happy to have a 30-minute free of charge discussion about your case and suggest steps you need to take.

Further Information Relating to the Compulsory Purchase Process

Communities and Local Government – Compulsory Purchase Procedure

Compensation to Business Owners and Occupiers

Compensation to Residential Owners and Occupiers

https://www.compulsorypurchaseassociation.org

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