CPOs and Category 1 Hazards
I am aware that if you CPO a proprety where a notice for a Category 1 hazard (identified through the Housing, Health & Safety Rating System) has not been complied with then you do not need to pay compensation to the owner.
Does anyone have experience of this & do authorities purposely serve such notices to avoid paying compensation? Any advice about making a CPO less costly is most appreciated.
Thanks
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The owner would still be
The owner would still be entitles to the full market value of the property, but not to a "basic loss payment" (equalling 7.5% of the property's value). Basic loss payments were introduced into the Land Compensation Act 1973 section 33 by the Planning and Compulsory Purchase Act 2004. The exclusions were amended by the Housing Act 2004, to take account of the new HHSRS powers.
CPOs and Category 1 Hazards
I may well have missed the point here, but according to the:
Land Compensation Manual - Section 13 : Home Loss, Basic Loss and Occupier's Loss Payments
Part 1: Home Loss Payments
General
13.1 Entitlement to Home Loss Payment'
Section 29 Land Compensation Act 1973 (as amended) entitles a person to a home loss payment (HLP) where he is displaced from a dwelling in consequence of:(a) the compulsory acquisition of an interest in the dwelling;Am I right to think that we are not discussing an ‘Empty Home’ here? RegardsBy definition a home loss
By definition a home loss payment would not be available for an unoccupied dwelling. However basic loss payments (distinct from home loss payment) are equally available for occupied and unoccupied dwellings.