Law

Land Compensation Act 1973

United Kingdom · statute

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In force since 2026-10-31, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 105 provisions
  1. Title and introductory text
  2. 1 Right to compensation.
  3. 2 Interests qualifying for compensation.
  4. 3 Claims.
  5. 4 Assessment of compensation: general provisions.
  6. 5 Assessment of compensation: assumptions as to planning permission.
  7. 6 Reduction of compensation where land is benefited.
  8. 7 Exclusion of minimal compensation.
  9. 8 Other restrictions on compensation.
  10. 9 Alterations to public works and changes of use.
  11. 10 Mortgages, trusts of land and settlements.
  12. 11 Interests acquired by inheritance.
  13. 12 Tenants entitled to enfranchisement or extension under Leasehold Reform Act 1967.
  14. 12A Tenants participating in collective enfranchisement, or entitled to individual lease extension, under Part I of Leasehold Reform, Housing and Urban Development Act 1993.
  15. 13 Ecclesiastical property.
  16. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  17. 15 Information for ascertaining relevant date.
  18. 16 Disputes.
  19. 17 Action for nuisance following unsuccessful claim where responsible authority have disclaimed statutory immunity.
  20. 18 Interest on compensation.
  21. 19 Interpretation of Part I.
  22. 20 Soundproofing of buildings affected by public works.
  23. 20A Power to make payments in respect of caravans and other structures affected by noise of public works.
  24. 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  25. 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  26. 26 Acquisition of land in connection with public works.
  27. 27 Execution of works etc. in connection with public works.
  28. 28 Power to pay expenses of persons moving temporarily during construction works etc.
  29. 29 Right to home loss payment where person displaced from dwelling.
  30. 29A Spouses and civil partners having statutory rights of occupation.
  31. 30 Amount of home loss payment in England and Wales.
  32. 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  33. 32 Supplementary provisions about home loss payments.
  34. 32A Home loss payments: exclusions
  35. 33 Home loss payments for certain caravan dwellers.
  36. 33A Basic loss payment
  37. 33B Occupier’s loss payment: agricultural land
  38. 33C Occupier’s loss payment: other land
  39. 33D Loss payments: exclusions
  40. 33E Claims
  41. 33F Insolvency
  42. 33G Death
  43. 33H Agricultural land: dual entitlement
  44. 33I Payment
  45. 33J Acquisition by agreement
  46. 33K Regulations
  47. 34 Right to farm loss payment where person displaced from agricultural unit.
  48. 35 Amount of farm loss payment.
  49. 36 Supplementary provisions about farm loss payments.
  50. 37 Disturbance payments for persons without compensatable interests.
  51. 38 Amount of disturbance payment.
  52. 39 Duty to rehouse residential occupiers.
  53. 40 Duty to rehouse certain caravan dwellers.
  54. 41 Power of relevant authority to make advances repayable on maturity to displaced residential owner-occupiers.
  55. 42 Duty of displacing authority to indemnify rehousing or lending authority for net losses.
  56. 43 Power of relevant authority to defray expenses in connection with acquisition of new dwellings.
  57. 44 Compensation for injurious affection.
  58. 45 Compensation for acquisition of dwelling specially adapted for disabled person.
  59. 46 Compensation for disturbance where business carried on by person over sixty.
  60. 47 Compensation in respect of land subject to business tenancy
  61. 48 Compensation in respect of agricultural holdings.
  62. 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  63. 50 Compensation where occupier is rehoused.
  64. 51 Compensation where land is in area designated as site of new town for purpose of public development.
  65. 52 Right to advance payment of compensation.
  66. 52AZA Repayment by claimant etc.
  67. 52ZA Advance payments: land subject to mortgage
  68. 52ZB Advance payments: land subject to mortgage exceeding 90% threshold
  69. 52ZC Land subject to mortgage: supplementary
  70. 52ZD Making a request for advance payment
  71. 52ZE Payment to mortgagee recoverable if notice to treat withdrawn
  72. 52A Right to interest where advance payment made.
  73. 52B Interest on advance payments of compensation paid late
  74. 53 Notice to treat in respect of part of agricultural land.
  75. 54 Effect of counter-notice under section 53.
  76. 55 Notice of entry in respect of part of agricultural holding.
  77. 56 Effect of counter-notice under section 55.
  78. 57 Other procedures for taking possession of part of agricultural holding.
  79. 58 Determination of material detriment where part of house etc. proposed for compulsory acquisition.
  80. 59 Notice to quit agricultural holding: right to opt for notice of entry compensation.
  81. 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  82. 61 Notice to quit part of agricultural holding: right to claim notice of entry compensation for remainder of holding.
  83. 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  84. 63 Interest on compensation for injurious affection where no land taken.
  85. 64 Extension of grounds for challenging validity of compulsory purchase order.
  86. 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  87. 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  88. 73
  89. 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  90. 75
  91. 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  92. 77
  93. 78
  94. 79–81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  95. 82
  96. 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  97. 84 Application to Crown.
  98. 84A Service of documents
  99. 85 Financial provisions.
  100. 86 Repeals.
  101. 87 General interpretation.
  102. 88 Northern Ireland.
  103. 89 Short title, commencement and extent.
  104. SCHEDULES 1&2
  105. SCHEDULE 3 REPEALS

Proposed changes to this act

No one has proposed a change to this act yet.

105 provisions

60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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61 Notice to quit part of agricultural holding: right to claim notice of entry compensation for remainder of holding.

(1) Where a notice to quit in respect of which a person is entitled to make an election under section 59 above relates to part only of an agricultural holding and that person makes such an election within the period of two months beginning with the date of service of that notice, or, if later, the decision of the appropriate tribunal referred to in subsection (1)(b)(ii) of that section, he may also within that period serve a notice on the acquiring authority claiming that the remainder of the holding is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit. (2) If the acquiring authority do not within the period of two months beginning with the date of service of a notice under subsection (1) above agree in writing to accept the notice as valid, the claimant or the authority may, within two months after the end of that period, refer it to the Upper Tribunal, and on any such reference the Tribunal shall determine whether the claim in the notice is justified and declare the notice valid or invalid in accordance with its determination of that question. (3) Where a notice under subsection (1) above is accepted as, or declared to be, valid under subsection (2) above then, if before the end of twelve months after it has been so accepted or declared the claimant has given up to the acquiring authority possession of the part of the holding to which the notice relates, section 20 of the Compulsory Purchase Act 1965 and section 12 of the Agriculture (Miscellaneous Provisions) Act 1968 shall have effect as if the acquiring authority had taken possession of that part in pursuance of a notice of entry under section 11(1) of the said Act of 1965 on the day before the expiration of the year of the tenancy which is current when the notice is so accepted or declared. (4) Subsections (2) to (4) of section 55 and subsection (3) of section 56 above shall apply in relation to subsections (1) to (3) above and to a notice under subsection (1) above as they apply in relation to those sections and a counter-notice under subsection (1) of section 55, and shall so apply with the necessary modifications and as if any reference to the notice of entry were a reference to the notice to quit. (5) Where an election under section 59 above ceases to have effect in relation to any land by virtue of subsection (3) of that section any notice served by virtue of this section shall also cease to have effect in relation thereto. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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63 Interest on compensation for injurious affection where no land taken.

(1) Compensation under section 68 of the Lands Clauses Consolidation Act 1845 or section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection where no land taken) shall carry interest, at the rate for the time being prescribed under section 32 of the Land Compensation Act 1961, from the date of the claim until payment. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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64 Extension of grounds for challenging validity of compulsory purchase order.

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65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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73

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3)–(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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75

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2), (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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77

(1), (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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78

(1)–(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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79–81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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82

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2), (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4), (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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84 Application to Crown.

(1) Part I of this Act does not apply to any aerodrome in the occupation of a government department but, subject to that, references in that Part and in Part II of this act to public works and responsible authorities include references to any works or authority which, apart from any Crown exemption, would be public works or a responsible authority. (2) Parts III and IV of this Act apply in relation to the acquisition of interests in land (whether compulsorily or by agreement) by government departments being authorities possessing compulsory purchase powers, as they apply in relation to the acquisition of interests in land by such authorities who are not government departments.

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84A Service of documents

(1) Any communication required or authorised to be sent to a person under this Act may be sent to an email address or uploaded to a website at which the person has agreed in writing to receive communications for the purposes of the claim for compensation. (2) Any communication required or authorised under this Act to be sent to— (a) an acquiring authority, or (b) a responsible authority within the meaning of section 1, may also be sent electronically by a method mentioned in subsection (3). (3) The methods are— (a) sending the communication to an appropriate email address, or (b) uploading the communication to an appropriate website. (4) For the purposes of subsection (3)— (a) an email address or website is an appropriate one if the authority has— (i) provided the email address or details of the website to the sender for the purposes of communicating with them about the claim for compensation, or (ii) published the fact that the email address or the website may be used for those purposes; (b) an email address is also an appropriate one if the authority has previously used it for the purposes of communicating with the sender about the claim for compensation. (5) A communication sent electronically is, unless the contrary is proved, to be treated as having been received on the working day immediately following the day on which it was sent. (6) In this section “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales. (7) This section does not apply to a communication required or authorised to be sent under this Act to the Upper Tribunal.

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85 Financial provisions.

There shall be paid out of moneys provided by Parliament— (a) any expenses incurred under this Act by any government department; (b) any increase attributable to this Act in the sums payable out of such moneys under any other Act.

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86 Repeals.

The enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

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87 General interpretation.

(1) In this Act— “agriculture”, “agricultural” and “agricultural land” have the meaning given in section 109 of the Agriculture Act 1947 ... , and references to the farming of land include references to the carrying on in relation to the land of any agricultural activities; “agricultural holding” has the meaning given in section 1 of the Agricultural Holdings Act 1986 ... and “landlord”, “tenant” and “notice to quit”, in relation to an agricultural holding, have the same meaning as in that Act; “agricultural unit” has the meaning given in section 171(1) of the Town and Country Planning Act 1990 ... ; “acquiring authority” and “authority possessing compulsory purchase powers” have the same meaning as in the Land Compensation Act 1961 ... ; “ aerodrome ”has the same meaning as in the Civil Aviation Act 1982; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “disabled person” means a person who is substantially and permanently handicapped by illness, injury or congenital infirmity, ... ; “dwelling” means a building or part of a building occupied or (if not occupied) last occupied or intended to be occupied as a private dwelling ... and ... includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that building or part; “housing association” has the same meaning as in the Housing Associations Act 1985 ... ; “introductory standard contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 16 of that Act); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “secure contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 8 of that Act); “tenancy”, ... otherwise than in relation to an agricultural holding, has the same meaning as in the Landlord and Tenant Act 1954. (2) In this Act references to the council of a district are, until 1st April 1974, references to the council of a county district or county borough and, thereafter, to the council of a district within the meaning of the Local Government Act 1972; and references to a London borough and the council of a London borough include references to the City of London and the Common Council. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Except where the context otherwise requires, references in this Act to any enactment are references to that enactment as amended, and include references to that enactment as extended or applied, by any other enactment, including this Act.

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88 Northern Ireland.

(1) Her Majesty may by Order in Council— (a) extend this Act (other than Part V thereof), with such additions, exceptions and modifications as appear to Her Majesty to be expedient, to— (i) the provision, operation, management or use of public works in Northern Ireland under any enactment relating to a matter in respect of which the Parliament of Northern Ireland does not have power to make laws (in this section referred to as “a reserved enactment”); and (ii) acquisitions of land in Northern Ireland by any department or body exercising powers of acquisition under a reserved enactment; (b) apply, with such additions, exceptions and modifications as appear to Her Majesty to be expedient, the provisions of Schedules 5 and 6 to the Roads Act (Northern Ireland) 1948 or Schedule 6 to the Local Government Act (Northern Ireland) 1972 to the acquisition, otherwise than by agreement, of land in Northern Ireland by any department or body exercising powers of acquisition under a reserved enactment. (2) An Order in Council under this section may include such provisions as appear to Her Majesty to be incidental to or consequential on any provision contained in such an Order by virtue of subsection (1) above. (3) An Order in Council under this section may be varied or revoked by a further Order in Council made thereunder.

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89 Short title, commencement and extent.

(1) This Act may be cited as the Land Compensation Act 1973. (2) Part I of this Act shall not come into force until the expiration of the period of one month beginning with the date on which this Act is passed. (3) Section 48 above does not affect any compensation which fell or falls to be assessed by reference to prices current on a date before the passing of this Act, and the other provisions of Part IV of this Act relating to the assessment of compensation do not affect any compensation which fell or falls to be assessed by reference to prices current on a date before 17th October 1972. (4) This Act, except section 88, does not extend to Northern Ireland and, except section 86 and Schedule 3, does not extend to Scotland.

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SCHEDULES 1&2

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