It is vital therefore that anyone who finds their home, land or business caught up in a scheme obtains professional advice at the earliest opportunity. This should be a surveyor with experience in these matters whose aim will be to ensure that you suffer no financial loss as a result of the scheme and that your retained interest is put into the best possible situation by agreed accommodation works. The cost of professional fees are covered by the authority as long as they are deemed reasonable. This is important as it means that no one affected by a scheme has to fend for themselves as compensation claims can become very complex as they build up over the period of time from initial notification to the aftermath of the completed works when the full impact becomes apparent.
"The background to the claim will involve ongoing three-way communication between yourself, your surveyor and the authority to ensure that a thorough knowledge of your property and situation is gained and that any mitigation that is sensible is carried out by you whilst any reasonable accommodation works are done by the authority. Facts are the basis of the claim that your surveyor will submit and you will need to play your part in keeping full records of the facts such as the day by day effects of the works being carried out, incidents and expenses including your own time spent sorting out any problems," adds Graeme.
Claims for an Advanced Payment of compensation which is a statutory right are necessarily backed up by factual evidence and will also involve negotiation. To reach a final settlement on the 'Heads of Claim' which comprise the Value of Property Acquired, Injurious Affection & Severance to retained property, Disturbance & Loss plus Professional Fees will involve further complex negotiations. There is also compensation available for those who have no land taken for the scheme but whose property is affected by physical factors such as noise, lights, dust and vibration.
These are known as Part 1 Claims (from the Land Compensation Act 1973). The procedures are in place to enable anyone affected by a scheme to obtain fair recompense and with the best advice this can be achieved.
Anyone who finds themselves affected by a scheme can contact Graeme on 01884 243000 or email graeme.biffen@gth.net