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Land acquisition

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We acquire land and rights in order to build, improve and maintain the motorway and trunk road network throughout Wales.

This usually involves a Compulsory Purchase Order (CPO), made under the statutory powers given to the Welsh Ministers. A CPO is a legal function in the United Kingdom and Ireland that allows certain bodies such as Welsh Government to obtain land or property without the consent of the owner. These powers are linked to set procedures for acquisition of land and the payment of compensation to affected land owners.

Compensation is available to land owners who are affected by road schemes to ensure they are financially restored as far a possible to the same position they were in before the property and land were compulsorily purchased.

Notice to treat

Notices to Treat identify the land and rights which the Welsh Ministers wish to purchase for a road scheme. We will ask you to tell us about the nature of your interest in the land and the interests of others such as tenants and mortgage holders. We will negotiate for the acquisition of your land, or rights over your land, and will pay compensation to those entitled to receive it.

Notice to enter

This gives you at least 14 days' notice that entry will be required onto your land.

Blights

A property may be purchased from the home owner under a blight notice, if land is required for the road scheme. A property may be purchased in advance of the scheme provided that reasonable efforts to sell the property have been made, but have been unsuccessful due to the presence of the scheme.

Home owners submit an application form to Orders Branch, Welsh Government. An accepted Blight Notice is a considered Notice to Treat.

If an application under Blight is unsuccessful, there is a two month period after the initial notice for the home owner to submit a counter notice.

Advance payments

You can claim a payment of 90% of the estimated value of your land once we have taken possession of the land for the road works. If you have a mortgage, we will ask for your agreement to pay any sum to your bank or building society to release their legal hold over the property.  

Interest

We are required to pay statutory interest from the date of entry onto your land to the date of payment. This interest is paid at 0.5% lower than the Bank of England’s base interest figure. The interest paid will not fall below 0%.

Accommodation works

To limit the effect of road schemes, we may provide works to your retained land - these are known as accommodation (such as fencing, walls, gates or new highway access) as part of the compensation.

Professional fees

We will pay surveyor’s fees incurred in preparing and negotiating a compensation settlement together with solicitor’s fees for conveyancing. This is subject to these fees being considered reasonable.

The Upper Tribunal

If we cannot reach an agreement on the amount of compensation to be paid, either side may refer the claim to the Lands Tribunal for arbitration. The Upper Tribunal is a body with the legal powers to decide on such disputes.

Limitation Act

For further information read the leaflet "Limitation applied to land acquisition - how the process affects your claim".