The Mechanics of CPO compensation and the assumptions that underlie them
A thorough review of what constitutes best practice, and what can go wrong.
The spotlight is on CPO negotiations and delivery. At its heart, what is the land to be acquired worth? If affected, what is the right amount of compensation to be paid?
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The RICS have published a professional statement which governs how surveyors must behave. For too long, it has been a free for all, where both sides frequently took unreasonable extremes. This is no longer to be tolerated, it brings the profession and CPO land assembly into disrepute. Surveyors who fail to abide to the professional statement will find themselves trying to explain their behaviours. It applies to both claimant and acquiring surveyors.
Equally, the Tribunal is expecting parties to meaningfully engage and negotiate. Increasingly, surveyors who are unable to demonstrate this, are being criticised. This in itself is sufficient for the RICS to investigate and call surveyors to account.
All this is happening within the backdrop where the Government has been introducing revised guidance notes, new legislation and regulations. Its abundantly clear to observers that the housing, regeneration and infrastructure aspirations of government are going to be using CPO powers. It has been predicted that over £15 billion worth of compensation will be offered in the coming decade. There is concern that there are insufficient valuers who are competent to take on such work. There may be a golden age for CPO work coming, but it will falter if there are inadequate skills and professionalism to deliver land in an efficient and less contentious way.
This comprehensive programme will focus on both best practice on assessing values, collecting evidence and presenting it in a robust and objective way.
The programme is aimed at AA and claimant advisors responsible for calculating and awarding compensation.
Speakers will be from:
- RICS Professional Statement
Compensation for Land Take
- Principles – Land Value
2 - “The value of land shall be the amount which the land if sold in the open market
by a willing seller might be expected to realise.”
- Date of valuation
- What is Market Value for compensation purposes?
- Planning Assumptions
- Hope value
- Valuation of land subject to restrictions
- Ransoms and Marriage Values
- Dealing with Negative equity
- Compensation following temporary possession
- Serving a blight notice
- Compensation entitlement
Severance and Injurious Affection
- What is the difference between Severance and Injurious Affection
- Compensation for severance of acquired land – s7 CPA1965
- When it applies
- How it works
- What is not recoverable
Making a Claim: The New Claim Form
- Completing and navigating the claim form
- The Role of the advisor – as an advocate or as an expert
- Heads of claim
- Preparing the ground – actions prior to acquisition and the duty to mitigate
- Quantum of claim – does the claimant get full compensation?
- Evidencing the claim
Litigation and Alternative Dispute Resolution
- What happens when the parties are unable to agree a settlement
No Land Taken
- Section 10
- Pt 1 claims
- Section 37