Blight and Discretionary Purchase

Blight and Discretionary Purchase some useful info

To give some insight into Blight and Discretionary Purchase.  There are many people now having to deal with the awful process of losing their home to HE due to the proposed crossing. This does not however mean this crossing has been given approval. The Statutory Consultation runs from Oct 10th – Dec 20th 2018.   Even after the consultation has finished HE still do not have permission to issues  CPOs on anyone, they have to apply for and be granted a Development Consent Order.(http://www.bettertransport.org.uk/sites/default/files/pdfs/companion-planning-process.pdf)

Homes that will be hit with a Compulsory Purchase Order if the crossing goes ahead will obviously suffer blight from the day of the announcement and if people want to move but are unable to sell or unable to get a realistic price they can negotiate with HE to purchase their property.  There are now many properties that have been granted blight.  Again this doesn’t mean that HE have the DCO for the LTC.  HE have a portfolio of hundreds of properties around the country where they have bought them under blight, and then for whatever reason no longer need them for schemes.

Only those within the red line are eligible for blight currently, outside of that it’s classed as discretionary blight which currently Highways England are not accepting at this time.

If anyone is in doubt we would recommend contacting Highways England or a lawyer for further info.

At the September 2018 LTC Task Force meeting  the worry and confusion for people who have received a CPO or blight notice was raised. We were advised that residents with Home Insurance legal cover under their policy could contact their insurance provider for some advice on this issue. Citizens Advice was another route for free information and possible assistance.

23/10/18 UPDATE – We would like to point out that we at TCAG are not legal experts, we are simply sharing the following info that has been bought to our attention, we would always advise seeking professional legal advice if needs be.

Any residents who have had letters regarding their property from Highways England, and hold a mortgage on that property may wish to check the terms of their contract. There will usually be a provision in there that the borrower must inform their lender of any issue which could affect the charge. (the charge is the interest the mortgage company have in your property).

So if you find yourself in this position it could be worth looking into things and consider writing to your mortgage provider.

It is also normal for the lender (bank, building society) to have the FIRST charge on a mortgage. That means that if the property is sold, they get their charge paid off first, then the residue goes to the mortgage holder. The term “homeowner” is often misused, because you only really own your home if you have fully paid off any mortgage(s) and charge(s) against the property.

Hope this helps.

14/12/18 UPDATE – We would like to point out that we at TCAG are not legal experts, we are simply sharing the following info that has been bought to our attention, we would always advise seeking professional legal advice if needs be.

We have been advised by HE that the Royal Institute of Chartered Surveyors (RICS) offer a free service whereby you can call and ask to be get some advice on Compulsory purchase and compensation – this includes all of the statutory regime of compensation such as Blight and Part 1 etc. They will also  provide a list of specialist RICS qualified surveyors who specialize in such matters.

HE normally have initial discussions with people affected and help them to understand what issues and areas of compensation is affecting them particularly so that they can make the most of the free advice.

The RICS can be contacted on by phoning +44 (0)24 7686 8555 or emailing contactrics@rics.org

Hope this helps! 

 

Highways England Documents on Blight and Discretionary Purchase
Your property and blight

This can be downloaded from:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/645162/Your_property_and_blight_booklet.pdf

Your_property_and_discretionary_purchase

This can be downloaded from:
https://www.gov.uk/government/publications/your-property-and-discretionary-purchase