Legislation – Planning and Infrastructure Act 2025

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Part 5Compulsory purchase

111Home loss payments: exclusions

(1)

Part 3 of the Land Compensation Act 1973 (provisions for benefit of persons displaced from land) is amended as set out in subsections (2) to (5).

(2)

In section 29(1) (right to home loss payment where person displaced from dwelling), in the words after paragraph (f), for “section 32” substitute “sections 32 and 32A”.

(3)

After section 32 insert—

“32AHome loss payments: exclusions

(1)

This section applies to a person if—

(a)

the person is displaced from a dwelling on land as mentioned in section 29(1)(a) (displacement in consequence of a compulsory acquisition),

(b)

a notice falling within subsection (4) has been served on the person in relation to the land,

(c)

at the relevant time the notice has effect or is operative, and

(d)

the person has failed to comply with any requirement of the notice.

(2)

This section also applies to a person if—

(a)

the person is displaced from a dwelling on land as mentioned in section 29(1)(a) (displacement in consequence of a compulsory acquisition),

(b)

a copy of an order falling within subsection (5) has been served on the person in relation to the land, and

(c)

the order has not been quashed on appeal.

(3)

No payment may be made under section 29 to a person to whom this section applies.

(4)

These are the notices—

(a)

a notice under section 215 of the Town and Country Planning Act 1990 (power to require proper maintenance of land);

(b)

a notice under section 11 of the Housing Act 2004 (improvement notice relating to category 1 hazard);

(c)

a notice under section 12 of that Act (improvement notice relating to category 2 hazard);

(d)

a notice under section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 138 of the Historic Environment (Wales) Act 2023 (asc 3) (repairs notice prior to notice of compulsory acquisition of listed building).

(5)

These are the orders—

(a)

an order under section 20 of the Housing Act 2004 (prohibition order relating to category 1 hazard);

(b)

an order under section 21 of that Act (prohibition order relating to category 2 hazard);

(c)

an order under section 43 of that Act (emergency prohibition orders);

(d)

an order under section 265 of the Housing Act 1985 (demolition order relating to category 1 or 2 hazard).

(6)

For the purposes of subsection (1)(c), the relevant time is the date on which any of the following occurs—

(a)

in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies—

(i)

the compulsory purchase order is confirmed, other than conditionally, under section 13 or 13A of the Acquisition of Land Act 1981;

(ii)

the compulsory purchase order is made, other than conditionally, under paragraph 4 or 4A of Schedule 1 to that Act;

(iii)

a decision is made under section 13BA(2)(a) of that Act (decision that conditions subject to which order was confirmed have been met);

(iv)

a decision is made under paragraph 4AA(2)(a) of Schedule 1 to that Act (decision that conditions subject to which order was made have been met);

(b)

in the case of a compulsory acquisition which is to be authorised by any other order, the order is made or confirmed in accordance with the procedures which apply by virtue of the Act under which it is made;

(c)

in the case of a compulsory acquisition which does not fall within paragraph (a) or (b) and which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, a notice to treat is deemed to have been served;

(d)

in the case of a compulsory acquisition which does not fall within paragraph (a), (b) or (c) and which is to be authorised by a special enactment, the enactment is passed.

(7)

In subsection (6), references to a compulsory acquisition are to the compulsory acquisition in consequence of which the person is displaced.

(8)

The appropriate national authority may by regulations amend subsections (4) and (5).

(9)

In this section—

“appropriate national authority” means—

(a)

the Secretary of State, in relation to England;

(b)

the Welsh Ministers, in relation to Wales;

“special enactment” means—

(a)

a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or

(b)

a provision which—

(i)
is contained in an Act other than a local or private Act, and

(ii)
authorises the compulsory acquisition of land specifically identified in that Act.

(10)

The power to make regulations under subsection (8) must be exercised by statutory instrument subject to annulment in pursuance of a resolution of—

(a)

either House of Parliament, in the case of regulations made by the Secretary of State;

(b)

Senedd Cymru, in the case of regulations made by the Welsh Ministers.”

(4)

In section 33 (home loss payments for certain caravan dwellers)—

(a)

in subsection (1), for “32” substitute “32A”;

(b)

in subsection (6), for “32” substitute “32A”.

(5)

In section 33D (loss payments: exclusions), for subsection (6) substitute—

“(6)

For the purposes of subsection (1)(c), the relevant time is the date on which any of the following occurs—

(a)

in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies—

(i)

the compulsory purchase order is confirmed, other than conditionally, under section 13 or 13A of the Acquisition of Land Act 1981;

(ii)

the compulsory purchase order is made, other than conditionally, under paragraph 4 or 4A of Schedule 1 to that Act;

(iii)

a decision is made under section 13BA(2)(a) of that Act (decision that conditions subject to which order was confirmed have been met);

(iv)

a decision is made under paragraph 4AA(2)(a) of Schedule 1 to that Act (decision that conditions subject to which order was made have been met);

(b)

in the case of a compulsory acquisition which is to be authorised by any other order, the order is made or confirmed in accordance with the procedures which apply by virtue of the Act under which it is made;

(c)

in the case of a compulsory acquisition which does not fall within paragraph (a) or (b) and which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, a notice to treat is deemed to have been served;

(d)

in the case of a compulsory acquisition which does not fall within paragraph (a), (b) or (c) and which is to be authorised by a special enactment, the enactment is passed.

(6A)

In subsection (6)—

“special enactment” means—

(a)

a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or

(b)

a provision which—

(i)
is contained in an Act other than a local or private Act, and

(ii)
authorises the compulsory acquisition of land specifically identified in that Act;

references to a compulsory acquisition are to the compulsory acquisition of the person’s interest in land.”

(6)

The amendments made by subsections (2) to (5) do not apply in relation to a compulsory acquisition where any notice of the compulsory acquisition was given before this section came into force.

(7)

For the purposes of subsection (6), notice of a compulsory acquisition is given—

(a)

in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies—

(i)

on the date of publication of the notice required by section 11 of, or (as the case may be) paragraph 2 of Schedule 1 to, that Act, in accordance with that Act, or

(ii)

on the date of service of the notice required by section 12 of, or (as the case may be) paragraph 3 of Schedule 1 to, that Act, in accordance with that Act;

(b)

in the case of a compulsory acquisition which is to be authorised by any other order, on the date of publication or service of any notice that any provision of or made under any Act requires to be published or served in connection with that acquisition, in accordance with that Act;

(c)

in the case of a compulsory acquisition which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, on the date on which that notice is served;

(d)

in the case of a compulsory acquisition which is to be authorised by a special enactment, on the date of publication or service of a notice that, in connection with that acquisition, is published or served in accordance with any Standing Order of either House of Parliament relating to private business.

(8)

In this section, “special enactment” means—

(a)

a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or

(b)

a provision which—

(i)

is contained in an Act other than a local or private Act, and

(ii)

authorises the compulsory acquisition of land specifically identified in that Act.