Compensation when a road affects your property's value

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1. Overview

You can apply for compensation if the value of your property goes down because of pollution or disturbance from the use of a new or altered road.

This is known as a ‘Part I claim’.

When you can claim

You can claim after a road’s been open to traffic for 1 year.

How to claim

  1. Check you have a valid claim.

  2. Check where to send your claim.

You can make a claim yourself or use an agent (eg a professional property valuer or claims company) to claim for you.

2. Who can claim

The value of your property must have gone down by more than £50 as the result of specific types of pollution or disturbance from the use of a new or altered road.

What you can claim for

You can only make a Part I claim because of:

  • noise
  • vibration
  • smell
  • fumes
  • smoke
  • artificial lighting
  • solid or liquid discharge on to your property

What you can’t claim for

You can’t make a Part I claim for:

  • other problems caused by a road, eg losing your view, natural light or privacy (sometimes called ‘blight’)
  • problems coming from another part of the road - your claim must be for the part of the road that’s new or altered
  • a road that’s only been resurfaced

Types of property you can claim for

You can usually only claim for property you own and occupy.

You must own the property both:

  • before the road opened to traffic
  • when you make your claim

You must also be able to prove you own 1 of the following:

  • the property’s freehold
  • the property’s leasehold, with at least 3 years left to run on your lease on the date you make your claim

You can’t claim for property that was part of a ‘compulsory purchase’ for the construction of the road.

Homes

You must be living in the property when you make your claim, unless you can’t because:

  • you let it to tenants
  • there’s another legal reason preventing you, eg a court order

Agricultural land

You must occupy the property both:

  • before the road opened to traffic
  • when you make your claim

Business premises

You must occupy the whole property, or a substantial part of it, both:

  • before the road opened to traffic
  • when you make your claim

Your property’s rateable value must be below £34,800.

Search by postcode to find the rateable value of your business in England or Wales.

Other requirements

Read Highways England’s guide to Part I claims to check if you need to meet other requirements.

3. Make a claim

You usually need to make your claim to the authority responsible for the road - this is:

You need to make your claim to Connect Plus if it’s for M25 widening at:

  • junctions 16 to 23
  • junctions 27 to 30

Make a claim to Highways England

  1. Check Part I claims notices for roads that are open for claims.

  2. Read the guide to Part I claims.

  3. Download and fill in the claim for compensation form.

  4. Send your claim to the Highways England.

National Part I Claims Team
Highways England
Woodlands
Manton Lane
Bedford
MK41 7LW

Track your claim

You can track the progress of a Part I claim you’ve made to Highways England.