Is a Road Affecting Your Property’s Value?

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.

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Who Can Make Part 1 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.

What Can You Claim For?

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:

• Artificial lighting
• Discharge of any solid or liquid on to the property
• Fumes
• Noise
• Smell
• Smoke
• Vibration

But, you would not qualify for making a Part I claim if the problem is caused by (any):

• Another part of the road (it must be for the new or altered part).
• The normal resurfacing of an existing roadway.
• Blight and certain other mitigating factors (e.g. a loss of natural light, privacy, or view).

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.

How Different Property Types Affect a Claim

As a general rule, you would need to own and occupy the actual property that you are claiming for, and (both):

• Owned it before the new or altered road opened to public traffic.
• Still own and occupy it when you make the claim for compensation.

Furthermore, you would need to provide some evidence that you own (either):

• The freehold for the property.
• The lease with a minimum of three (3) years left to run after the claim date (for a leasehold property in the United Kingdom).

Note: Properties that for part of a ‘compulsory purchase’ for road construction do not qualify for compensation when a road affects its value.

Business Premises

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):

• Before the new road opened to public traffic.
• At the time you make the claim for compensation.

Note: Another section explains how to find and check your business rates valuation in England and Wales.

Agricultural Land

You would need to occupy the property (both):

• Before the new road opened to public traffic.
• At the time you make the claim for compensation.

Residential Homes

As a rule, you would need to be living in the property when you make the claim. But, an exception may apply if:

• You are letting out the property to tenants.
• A legal matter restricts you from doing so (e.g. a court order).

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How to Make a Part 1 Claim?

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).

Making a Claim to Highways England

View Part I claims notices for the latest new and altered road schemes and the associated guidance notes. Fill in the claim for compensation form and then send it to the Highways England address.

National Part I Claims Team
Highways England
Woodlands
Manton Lane
Bedford
MK41 7LW

Email: [email protected]
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.

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Housing and Property Help Guides

• How to claim for coal mining subsidence damage?
• Claiming compensation for a property near to High Speed Two (HS2).
• How to fill in the land registry deceased joint proprietor (DJP) form?
• Process for buying and selling properties in England and Wales.
• UK rules and regulations for owning a property.

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