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Compulsory Purchase Order (CPO)
We support landowners affected by compulsory purchase orders, from objection to negotiation and securing the best possible compensation.
We're proactive
We don’t just look after you, we look out for you. That means we bring you insights, advice and keep you up to date on all kinds of legal matters so you can keep ahead.
We’re expert-led
We match a member of the team with the right expertise to every client, who will invest time getting to know you, who will look after your interests and ensure you have access to the whole firm when you need it.
We talk your language
The legal and financial matters might be complex, but we aim to keep things straightforward and explain everything in terms that are relevant to you.
Overview
If your land is under threat, you have options and support to protect what matters to you
What are compulsory purchase orders?
Compulsory purchase orders (CPOs) allow public authorities, and in some cases, private companies (such as utilities) to acquire land without the owner’s agreement. It’s most commonly used for major infrastructure, regeneration, housing or utility projects. If you’ve received notice, it doesn’t mean you’re powerless. You have legal rights and options and the earlier you act, the better your position.
Don't leave it too late
The earlier you seek advice, the more options you’ll have. We often support clients before a formal CPO is made – during consultations, route selection or project scoping. Getting expert input at this stage helps you influence decisions and preserve value.
What we do
We support landowners at every stage of the compulsory purchase process, from initial notice through to compensation. Our clients include farmers, developers, rural estates and homeowners. Whether you’re facing a Development Consent Order, a Transport and Works Act Order or a council-led CPO, we help you understand your rights, respond strategically and secure the best possible outcome, whether that’s objecting, negotiating, or protecting your land’s future use.
How we can help
If you’d like to meet one of our experts for a confidential, no obligation chat, please get in touch.
We have offices across Cambridgeshire, Essex and Hertfordshire, but we can help you wherever you are in England and Wales.
I value Tees' commercial property practice for its exceptional legal expertise and strategic approach to property transactions. Their deep understanding of property law, local planning knowledge, and contractual intricacies ensures that matters are thoughtfully considered and strategically structured to protect my interests while remaining compliant with legal requirements.
Our expertise
We advise at every stage of the compulsory purchase process:
- Responding to scheme consultations and notices
- Objecting to a compulsory purchase order (CPO)
- Negotiating early acquisition and terms
- Assessing and claiming compensation
- Dealing with blight notices and loss of value
- Navigating Development Consent Orders and major infrastructure projects
- Working with valuers, land agents and planning consultants
Our Real Estate teams bring decades of experience and understand the wider impact CPOs can have on farming operations, family businesses, commercial landowners and future land use. If you’re also promoting land for development, we’ll ensure that one ambition doesn’t undercut the other.
Our experience in compulsory Purchase
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Frequently asked questions
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Compulsory purchase - helpful information
Responding to scheme consultations and notices
Except in the case of Development Consent Orders, there is no statutory duty to consult affected landowners before embarking on the process of securing a compulsory purchase order. However, particularly on larger schemes, early, non-statutory consultation often takes place. That consultation is aimed at identifying and dealing with potential major objections before the formal CPO process is started.
Affected landowners must be notified of a proposed compulsory purchase order once it is submitted to the relevant Secretary of State for confirmation, and for many people, this may be the first time they hear about the proposal.
Whenever you first hear of a proposed compulsory purchase of your land, don’t panic. However, do make a note of any deadlines for responding and do get in touch, as we have experience of successfully objecting to proposed CPOs and will be able to help.
Objecting to a compulsory purchase order (CPO)
Irrespective of what type of compulsory acquisition is being proposed, all of them have to show that there is a “compelling case in the public interest” to justify the interference with private property rights. For there to be a compelling case, a CPO needs to be a last resort (but can be pursued in parallel with negotiations to acquire to save time), there needs to be significant public benefit in the underlying scheme, the land or rights to be acquired need to be necessary to deliver the scheme, the scheme needs to be financially viable, if it doesn’t already have planning permission there should be no obstacle to granting the scheme permission, and there should be no alternative that does not require compulsory purchase powers.
A disagreement about the value of the land to be acquired is not normally a valid ground of objection. However, recent changes to the CPO regime means that in future certain CPOs may include provisions allowing compensation to disregard the value attributable to the potential for land to secure a more valuable use in the future (known as ‘Hope Value’). Part of our job will be advising on and developing an objection strategy to any such provisions.
The most important thing at this stage is to submit an effective objection within the specified deadline. Where an effective objection is not subsequently negotiated away, the objector has a right to appear at a public inquiry into the scheme. Effective objections can lead to your land being excluded from the proposed CPO, and in any event a strong objection will create a stronger position to negotiate compensation.
Negotiating early acquisition and terms
Acquiring authorities will often aim to reach early settlements with affected landowners. In assessing compensation, the government recommends them to take into account how early acquisition can avoid them incurring the costs of pushing a CPO through a public inquiry. In other words, it is usually possible to negotiate a better price for the land before a CPO is made than after. Negotiations are normally carried out by experienced CPO surveyors. Our role will be to document any agreement and agree a ‘compromise agreement’ under which you agree to withdraw any objection in return for (usually) an agreed compensation figure.
Assessing and claiming compensation
The purpose of the compensation is to ensure that an affected landowner is financially no better or worse off after the acquisition of their land than they were before. Compensation should reflect the capital value of the acquired land, disturbance costs (i.e. other costs incurred as a result of being displaced from the land, such as legal and moving costs) and any value lost in any retained land as a result of the compulsory acquisition. Displaced householders are also entitled to an additional ‘Home Loss Payment’.
Assessing compensation is a complex and specialist area. We can recommend specialist CPO compensation surveyors to assess and negotiate appropriate compensation for affected landowners.
Disputes regarding compensation can if necessary be referred to the Upper Tribunal of the Land Chamber (a specialist court). However, they are not in themselves a valid ground of objection to a proposed compulsory purchase.
Dealing with blight notices and loss of value
Land which is identified as being at risk from compulsory acquisition (amongst others) is known as ‘blighted land’. Where an owner-occupier has been unable to sell their land for a reasonable price because of the CPO, they may be able to serve a blight notice on the acquiring authority. Where a valid blight notice is served, and provided that no valid counter notice has been served by the acquiring authority, the blight notice triggers a ‘reverse compulsory purchase’ requiring the acquiring authority to purchase their land. Compensation for the purchase is assessed on the same basis as in a normal CPO, and we would recommend instructing a specialist CPO valuer to advise anyone interested in serving a blight notice.
Navigating Development Consent Orders and major infrastructure projects
Development Consent Orders (DCOs) are intended to be a fast-track process for examining and authorising nationally significant infrastructure proposals. The DCO will not only grant planning permission for the proposal, but also any necessary licences to operate it, and will include compulsory purchase powers for any third-party land required to deliver the project. As with a normal CPO, the test for approving compulsory acquisition powers is “a compelling case in the public interest”.
Unlike the more common CPOs, there is a statutory consultation period before a DCO application is submitted to the Secretary of State, and usually there are several additional, non-statutory consultations even before that. Once the application has been submitted to the Secretary of State for examination and a decision, the decision must be made within 12 months of submission.
Where you own land affected by a proposed nationally significant infrastructure project, it is critically important to engage with the project at the earliest opportunity, when it may still be possible to influence aspects of the proposal.
Working with valuers, land agents and planning consultants
The compulsory purchase of land is disruptive. Engagement at an early stage in the process can minimise that disruption, including by persuading the promoters to acquire the land through negotiation and subject to appropriate protections for any retained land. A land agent may be best placed to advise on the appropriateness of the acquiring authorities proposal, a planning consultant may be best placed to advise on the planning aspects of the underlying scheme. Particularly for commercial properties, specialist CPO compensation surveyors should be instructed to advise on value. We regularly recommend and instructed such specialists include at public inquiries and in the Upper Tribunal of the Lands Chamber.
