What are compulsory purchase and statutory rights?
This is when the government, local council or utility company has the legal right to buy or take rights over your private property if it falls within a public or private construction project such as:
- rail or road building projects
- flood defence works
- housing developments
- airport expansions
- electricity pylons and cables
- sewer, water or gas pipe schemes
Different compulsory purchase or statutory powers are needed to implement the above schemes. For example, water pipes are laid under statutory rights under the Water Industry Act 1991 and a road bypass will have its own compulsory purchase order through the Acquisition of Land Act 1981.
In all cases, the owners and occupiers of the properties to be acquired or affected by the scheme will be served Notices, with differing expiry times. All the schemes provide compensation to owners and occupiers directly affected by the scheme.
The Council’s Property Services Division deals with acquisitions under Compulsory Purchase powers granted to the Council by Central Government. Currently the Council is dealing with acquisitions for the Connecting Derby road scheme. Please visit the Connecting Derby
pages. If you are affected by these proposals and would like an informal discussion please contact 01332 255543 or e-mail estates@derby.gov.uk
For further information on Compulsory Purchase and compensation please visit the Communities and Local Government website or follow the links below to either download or order a series of information booklets on the subject
Compulsory Purchase Booklet 1
Compulsory Purchase Booklet 2
Compulsory Purchase Booklet 3
Compulsory Purchase Booklet 4
Compulsory Purchase Booklet 5
The Royal Institution of Chartered Surveyors (RICS) also produces a Guidance Booklet on Compulsory Purchase which can be downloaded from their website. The RICS also provide a helpline where they will put you in touch with a Chartered Surveyor in your area who can provide expert advice in the area of Compulsory Purchase and compensation. Details can be accessed through the RICS website