Brady Solicitors’ property specialists examine Compulsory Purchase Orders (CPO) and explain your rights when public bodies have a CPO on your residential property.
A Compulsory Purchase Order (CPO) allows a public body to obtain property or land belonging to another person without their consent, providing the reason for doing so is deemed to be for public betterment. For example, local councils may issue CPOs to develop a town centre or build a motorway.
How can I find out if I am affected by a Compulsory Purchase Order?
You should contact your local council to see if there are any plans for work to take place that come under Compulsory Purchase Order schemes. If there are plans in place, you should then contact the acquiring authority.
The acquiring authority can either be a body, government department or local authority. They are under an obligation to give you notice, which should state the effects of the CPO and should inform each owner, leaseholder, tenant or any other person living in the property. The owners have to be informed that their property will depreciate in value.
Notices
The acquiring authority must publish a notice in at least one newspaper that is circulated in the affected area that the CPO is made in. The CPO has to be used within three years of the date the press notice appeared in the newspapers.
A notice to treat (negotiate) is served by the acquiring authority for the purchase of the property or land and to agree the level of compensation. This is followed by the notice of entry to enter and take possession of the property, which cannot be less than 14 days away. In addition to this, the transfer for the land or a deed which includes the new rights must be completed.
Compensation for Compulsory Purchase Orders
Compensation will generally try to put the individual in the position they were in before the CPO was made. It can include the amount the property was worth and the cost of moving to a new property.
Objections to Compulsory Purchase Orders
You are entitled to object to the CPO that has been given. If you decide to object, you should obtain the contact details of the relevant government minister and ask what the time limits for objecting are. You should also seek legal advice.
What to do if you receive a CPO notice
You should contact a specialist solicitor before responding to a CPO notice. Brady Solicitors can help you with your claim for compensation and provide advice and guidance should you wish to object to the CPO.
For further information, please call Brady Solicitors on 0115 985 3450 or send us an email.
