New or altered roads can have a detrimental effect on the value of properties nearby (e.g. because of increased noise or pollution).
The information in this help guide explains how to make a Part 1 claim for property affected by highways in the United Kingdom.
You can claim compensation if the value of your property depreciates due to a new road (or alterations to an existing one).
Part 1 claims can take place from the 'first claim day' (e.g. one year and one day after traffic started using the new or altered public highway).
The first step is checking whether you have a valid claim. Following that, you will need to send your claim to the relevant authority.
Note: There is no legal requirement for you to use a professional property valuer or agent (e.g. claims company) specialising in Part I compensation claims.
People who own and occupy a property reduced in value by more than £50 due to physical factors caused by the use of a new or altered road can claim compensation.
According to Part I of the Land Compensation Act 1973, the grounds for making a claim can only be for any of the following disturbances:
But, you would not qualify for making a Part I claim if the problem is caused by (any):
Note: The GOV.UK website has more information and guidance about 'your property and blight' and what to do if it affects the value of your dwelling.
As a general rule, you would need to own and occupy the actual property that you are claiming for, and (both):
Furthermore, you would need to provide some evidence that you own (either):
Note: Properties that for part of a 'compulsory purchase' for road construction do not qualify for compensation when a road affects its value.
You would need to occupy the property (both):
The rateable value must not be more than £34,800 and you would need to occupy either the whole property, or a substantial part of it, (both):
Note: Another section explains how to find and check your business rates valuation in England and Wales.
As a rule, you would need to be living in the property when you make the claim. But, an exception may apply if:
Important: Highways England produces a detailed guide to Part I claims explaining how to claim for the effects of road construction on your property.
In most cases, you should make your claim to the actual authority that is responsible for the roadway. Hence, it is likely to be either the local council or Highways England (e.g. for roads managed by Highways England).
National Part I Claims Team
Telephone: 0300 123 5000
Check the cost of making the call
You can make your claim to Connect Plus if it relates to any of the M25 widening schemes at junctions 16 to 23 or junctions 27 to 30.
Important: You can also track your Part I compensation claim online (e.g. to check the progress after applying to Highways England).
Loss of Property Value Due to Roads in United Kingdom