Compulsory Purchase Orders (CPOs) are a legal mechanism within the United Kingdom that allows public authorities to acquire land, including buildings and other structures, without the explicit consent of the landowner. This power can be enabled to facilitate projects deemed to be in the public interest, such as, airport expansions, housing initiatives or flood defence systems and for the enhancement or installation of essential services, including electricity pylons, water mains, improvements to road and expanding rail networks.
The expert team at Strikes Property Services guides and facilitates every stage of CPOs, from the publishing of the proposal to ensuring that land and property owners leave with minimum disruption and upset.
What is a Compulsory Order (CPO)?
A Compulsory Purchase Order (CPO) is a statutory instrument in UK law that grants specific public authorities the authority to purchase land or property, even if the owner does not wish to sell. This coercive power is reserved only for schemes that are considered to serve a public purpose.
The framework governing the implementation of CPOs is established through several key pieces of legislation, notably the Compulsory Purchase Act 1965, the Acquisition of Land Act 1981, and the Housing and Planning Act 2016. These Acts outline the procedures that acquiring authorities must adhere to throughout the CPO process, from initial preparation to eventual implementation. While landowners are obligated to sell their land if a CPO is confirmed, they still have the right to lodge objections, which are typically considered through a public inquiry before a final decision is made.
The process begins with the acquiring authority preparing the CPO, often accompanied by a statement outlining the reasons for the proposed acquisition, in accordance with the Acquisition of Land Act 1981. After that, the process involves several critical stages, including the potential for the acquiring authority to request information from owners or occupiers and to enter land for survey and valuation purposes. It is very important that the proposed CPO is publicised through notices in local newspapers, on or near the affected land and is also communicated directly to qualifying individuals, including owners, leaseholders, tenants and other parties with a potential compensation claim. These notices specify the timeline for objections and where the CPO documents can be reviewed.
Following the submission of the CPO paperwork to a government minister or appointed inspector, the order may be confirmed, modified or rejected. If valid objections are raised, a public inquiry is often held to consider these concerns. Once confirmed, the acquiring authority must notify all qualifying persons and publicise the confirmation. Implementation of the CPO can occur through negotiated agreement, the serving of a notice to treat and entry, or via a general vesting declaration, leading to the transfer of land ownership. Compensation is payable to those whose land is acquired, with the aim of ensuring they are no worse off financially. There is a three-year limit for exercising CPO powers after confirmation. Landowners also have the option to negotiate a sale with the acquiring authority at any stage, and mitigation works may be undertaken to reduce the impact of development on neighbouring properties.
FAQs
A CPO is a legal mechanism in the UK that allows public authorities to acquire land or property without the owner’s consent, typically for projects that serve the public interest.
Only specific public authorities, such as local councils or government departments, can issue a CPO, and only for purposes deemed to benefit the public, like infrastructure or housing projects.
CPOs are governed by several key laws, including the Compulsory Purchase Act 1965, Acquisition of Land Act 1981, and Housing and Planning Act 2016.
Yes, landowners and other affected parties have the right to object. Objections are typically reviewed through a public inquiry before a final decision is made.
The process includes preparation of the order, public notification, submission to a government minister, and potential confirmation following objections or inquiry. Once confirmed, the authority can proceed with acquiring the land.
Notices are published in local newspapers, posted on or near the affected land, and sent directly to qualifying individuals such as owners, tenants, and leaseholders.
Once confirmed, the acquiring authority can take ownership through negotiation, a notice to treat and entry, or a general vesting declaration.
Yes, affected parties are entitled to compensation, which may include the market value of the property, disturbance costs, and other relevant losses.
