HS2 Compensation Claims Available as Route is Safeguarded

Date: 12th February 2014
Author: Alex Isles
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On the 9th July 2013, the Secretary of State for Transport announced that the majority of Phase 1 of HS2 had been safeguarded.

The safeguarding process is an established part of the planning system. It is designed to protect land that is allocated for major infrastructure developments from other conflicting developments which might otherwise occur. Safeguarding protects the route within a 60 meter zone either side of the route. Areas that are within side this zone are outlined by HS2 on the following link: http://www.hs2.org.uk/safeguarding?sg_link=576

Compensation – Blight Notice

From a compensation perspective the safeguarding of the route is a trigger point for Statutory Blight Claims.

Statutory Blight Claims are available to property owners whose homes are located within or partly within the safeguarded zone. This process is also available to owner-occupiers of commercial properties with an annual rateable value of up to £38,400 and owner occupiers of agricultural units (these must include a dwelling) wholly or partly within the safeguarding zone.

Statutory Blight Claims entitle the owner to the un-blighted value of their property plus a home-loss payment of 10% of its value (up to £47,000) and reasonable moving costs.

These types of claims are also available where the government only acquires part of a property and the portion retained by the owner falls in value due to what is known as severance or injurious affection.

In order to make a Statutory Blight Claim an owner will have to demonstrate that they have made reasonable efforts in order to sell their home or business.

How Roger Hannah & Co can help?

Statutory Blight Claims and the Compulsory Purchase Process are complex procedures, and it is therefore vital that you seek professional representation. If proper advice is not obtained then the owner of the property can suffer significant levels of financial loss.

Roger Hannah & Co are already acting on a number of properties that are affected by HS2 and have extensive experience in the field of Compulsory Purchase. With regards to professional fees, the government will pay the professional fees of those affected.

If your property is affected and you would like to get more information about submitting a Blight Notice then please do not hesitate to get in touch with us. 

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Angela Juszczyk BA (Hons) MSc MRICS Associate Director
Stephen Lashmar BA (Hons) MRICS Associate Director