Introduction
Navigating the intricacies of a Part 1 claim can be a daunting task, especially if you are unfamiliar with the legal and bureaucratic jargon. Whether you are a property owner seeking compensation for loss of value due to public works or simply someone interested in understanding the process, this blog post aims to provide you with a comprehensive guide to the eligibility for a Part 1 claim.
What is a Part 1 Claim?
A Part 1 claim refers to a type of compensation claim made under the Land Compensation Act 1973 – Part 1. This is specific to the United Kingdom and allows property owners to seek compensation for the depreciation in the value of their property due to physical factors arising from the use of public works. Physical factors may include noise, dust, vibration, smell, fumes, smoke, artificial lighting, and the discharge of any solid or liquid substance onto the property.
Who is Eligible to Make a Part 1 Claim?
PROPERTY OWNERS
To be eligible for a Part 1 claim, you must be the owner of the affected property on the relevant date. It is crucial to have legal ownership of the property on the date that the public works are completed.
TYPES OF PROPERTIES
Not all types of properties are eligible for a Part 1 claim. Typically, residential properties, commercial properties, and agricultural land are considered. It is essential to verify the type of property and its eligibility before proceeding with the claim. Thomson Broadbent specialise in representing residential property owners. If you own commercial or agricultural land, please do get in touch and we may be able to connect you with an alternative firm with appropriate experience.
TIMING OF THE CLAIM
The timing of your claim is crucial. You are eligible to make a Part 1 claim one year (and a day) after the public works have been completed and come into use, known as the “Scheme Open Date”. This allows for the assessment of the physical factors’ impact on the property value. Claims must be made within six years (or five years in Scotland) from the date the public works first came into use.
ADVANCED CLAIMS
You can file an “advanced claim,” which allows you to submit your claim before the usual first claim date. This is only possible in specific situations, such as when you are selling or transferring ownership of the property after the scheme has opened but before the first claim date. In these cases, it is crucial to seek professional advice, as the timing of the claim is critical. Even a single day’s error in timing could invalidate an otherwise successful claim.
Steps to Making a Part 1 Claim
INITIAL ASSESSMENT
The first step is to conduct an initial assessment to determine if your property value has been affected by the physical factors due to public works. This may involve professional evaluations from surveyors (such as us) and other experts.
GATHERING EVIDENCE
Gathering substantial evidence is a critical part of the process. This includes photographs, expert reports, and any other documentation that can support your claim. Proof of ownership and the property’s value before and after the public works are essential.
FILING THE CLAIM
Once you have gathered all necessary documentation, the next step is to file the claim with the responsible authority. This usually involves submitting a claim form along with all supporting evidence. It is advisable to seek assistance to ensure that your claim is comprehensive and meets all legal requirements.
Challenges and Considerations
POSSIBLE REJECTIONS
Not all claims are approved. The responsible authority may reject a claim if it lacks sufficient evidence or does not meet the eligibility criteria. It is crucial to prepare thoroughly and seek professional advice if needed.
APPEALS PROCESS
If your claim is rejected, you have the right to appeal the decision. The appeals process involves a more detailed examination of your case and requires additional evidence. Legal representation would be strongly suggested if this was necessary.
COMPENSATION CALCULATION
The amount of compensation awarded in a Part 1 claim varies. It is calculated based on the depreciation in property value directly attributable to the physical factors from the public works. An expert assessment is essential to determine a fair compensation amount.
Conclusion
Understanding the eligibility criteria and process for making a Part 1 claim is essential for property owners affected by public works. By following the steps outlined in this guide and seeking professional advice, you can navigate the complexities of the claim process effectively. Remember, thorough preparation and substantial evidence are key to a successful Part 1 claim. Whether you are at the initial assessment stage or facing an appeal, this guide aims to provide you with the knowledge and confidence to pursue your claim with diligence and precision.
For further information and detailed guidance, consult experts specialising in Part 1 claims. Your property’s value and your peace of mind are worth the effort.
If you need advice on a potential Part 1 Claim for your property, contact us today.
Disclaimer: The information in this blog post was accurate at the time of publishing. However, laws, regulations, and best practices may change over time. We do our best to keep our content up to date, but we cannot guarantee that all information remains current or correct. This blog post is for general information only and should not be taken as legal, financial, or professional advice. If you are unsure about anything, please contact us or seek professional guidance before making any decisions.
