Alliance against the BNRR Birmingham Friends of the Earth West Midlands Transport Campaign

Compensation and the BNRR: FAQs

Q. Can I claim compensation for the BNRR?
A. A compensation claim can be made on behalf of a home owner under the Land Compensation Act 1973 for any adverse effect on the value of property. Unfortunately, tenants cannot claim unless they have a lease with more than three years expired.

Q. Can a business make a compensation claim?
A. Yes, an affected business can make a compensation claim.

Q. What am I allowed to claim compensation for?
A. A compensation claim is for any adverse affect on your property caused by noise, dust, pollution, smell, vibration or effect of lighting. Items which are not allowable in the claim would be loss of view, privacy, personal inconvenience or for the intensification of use on an existing road. Additional traffic on an existing road that has not been altered cannot form part of a compensation claim. A claim is made for new schemes/alterations only.

Q. Can I claim compensation for construction work and/or nuisance?
A. Unfortunately not. A compensation claim is for the effects of a finished road. The construction, works/nuisance leading up to such do not form part of a compensation claim under The Land Compensation Act 1973.

Q. When should I make my compensation claim?
A. A claim becomes valid on the "anniversary" date of a new scheme/road opening but ideally your claim should be prepared before this date.

Q. A number of letters/forms have been sent to my address from private companies asking if I wish to make a claim. Should I employ a company to act on my behalf?
A. It is advisable to use an experienced and suitably qualified surveyor/solicitor as a compensation claim can be complicated and a "long-winded process". Use extreme caution when signing any forms/documents received in the post.

Q. I have been advised that should I make a compensation claim, no fees are payable - is this true?
A. In most cases, yes. Reasonable surveyors fees are generally met by the Highways Agency. This should be verified by your chosen representative.

Q. How do I know if the surveyor and/or solicitor is reputable and experienced with compensation work?
A. Obviously, this is a matter that you need to enquire about. Always use a specialist company and ensure that your property is inspected before a claim is made. Ask lots of questions and request details of specialist experience.

Q. How will my compensation claim be assessed?
A. Your compensation claim is for the effects of the road scheme and the subsequent loss in value of your property. Each claim is individual and should be treated as such. Your agent will be able to advise you how this will be calculated.

Q. Who will pay for my surveyor and/or solicitor to make my compensation claim?
A. The Highways Agency will generally pay all fees.

Q. When am I likely to receive a compensation payment?
A. There is likely to be several thousand claims made on a road scheme the size of the BNRR. Payments from the Highways Agency are likely to take some time.

Q. Have I anything to lose by making a compensation claim?
A. Generally no, although you should ensure that if a claim is unsuccessful then no fees are payable by yourself. An experienced surveyor/solicitor should be able to advise you on your chances of success and likely amount you should receive.

STEPHEN W. HINTON BSc. MRICS
Chartered Surveyor
Telephone: 01299 841293
Fax: 01299 841493
E mail: Stephen@swhinton.co.uk

For more details please contact our office and/or refer to www.swhinton.co.uk