Compulsory Purchase Act 1965

[^key-e202fac3c7c7ed9d2e3a4606d9d9194c]: S. 13 applied (8.1.2026) by The Five Estuaries Offshore Wind Farm Order 2025 (S.I. 2025/1376), arts. 1, 19, 20, 30, 32 (with arts. 39, 40, Sch. 9)

[^key-5fddf8c8efd7ed052e5cf69e68808904]: Pt. 1 applied (with modifications) (8.1.2026) by The Five Estuaries Offshore Wind Farm Order 2025 (S.I. 2025/1376), arts. 1, 28, Sch. 8 paras. 4-11 (with arts. 22(1)(a), 39, 40, Sch. 9)

[^key-771dabe0dc3a6ab1ac790a0576c6a712]: Sch. 2A excluded (8.1.2026) by The Five Estuaries Offshore Wind Farm Order 2025 (S.I. 2025/1376), arts. 1, 27(3) (with arts. 39, 40, Sch. 9)

[^key-c95db29f58aef2e315cc302cc0ad0b03]: S. 10 applied (25.2.2026) by The A46 Coventry Junctions (Walsgrave) Development Consent Order 2026 (S.I. 2026/125), arts. 1, 31(3) (with arts. 31(5), 40, 45, Sch. 9)

[^key-5fdc5c2b978f38a2054dae8541e73e92]: S. 13 applied (25.2.2026) by The A46 Coventry Junctions (Walsgrave) Development Consent Order 2026 (S.I. 2026/125), arts. 1, 22(10), 23(8), 38, 39 (with arts. 40, 45, Sch. 9)

[^key-aeb9ef1aa7b3efe7cbae0837b8545caa]: S. 7 applied (25.2.2026) by The A46 Coventry Junctions (Walsgrave) Development Consent Order 2026 (S.I. 2026/125), arts. 1, 31(3) (with arts. 31(5), 40, 45, Sch. 9)

[^key-39b08e4fecf5422cc7d9afcddb64c067]: Pt. 1 applied (with modifications) (25.2.2026) by The A46 Coventry Junctions (Walsgrave) Development Consent Order 2026 (S.I. 2026/125), arts. 1, 34, Sch. 7 paras. 4, 5 (with arts. 28(1)(a), 40, 45, Sch. 9)

[^key-f51d84bbbf02bcd87f07a8ab5c46f9f3]: Sch. 2A excluded (25.2.2026) by The A46 Coventry Junctions (Walsgrave) Development Consent Order 2026 (S.I. 2026/125), arts. 1, 36(3) (with arts. 36(4), 40, 45, Sch. 9)

[^key-5dbbbbff0878733af2718105e930ae9c]: S. 13 applied (3.3.2026) by The Network Rail (Kettering to Wigston South Junction and Napsbury Lane) (Land Acquisition) Order 2026 (S.I. 2026/141), arts. 1, 7(10), 8(6), 9(10)

[^key-31ef8e1dcbef308bc0c6fbf4a84806dd]: Pt. 1 applied (with modifications) (3.3.2026) by The Network Rail (Kettering to Wigston South Junction and Napsbury Lane) (Land Acquisition) Order 2026 (S.I. 2026/141), arts. 1, 4, Sch. 2 paras. 4, 5 (with art. 13)

[^key-aebd3478c54c7b64f461ac9b3fa83f4b]: S. 11(3) restricted (4.3.2026) by The Outer Dowsing Offshore Wind Farm Order 2026 (S.I. 2026/138), art. 1(2), Sch. 18 para. 114(1) (with arts. 42, 43, Sch. 18)

[^key-487791170d9cbb7f91b2e4d80babceef]: S. 13 applied (4.3.2026) by The Outer Dowsing Offshore Wind Farm Order 2026 (S.I. 2026/138), arts. 1(2), 17(8), 26, 27 (with arts. 42, 43, Sch. 18)

[^key-5233986f25b50b3440e8545064af20d6]: Pt. 1 applied (with modifications) (4.3.2026) by The Outer Dowsing Offshore Wind Farm Order 2026 (S.I. 2026/138), arts. 1(2), 23, Sch. 9 paras. 4, 5 (with arts. 19(1)(a), 42, 43, Sch. 18)

[^key-02228697fd9922f0db8076c2eb14506b]: Sch. 2A excluded (4.3.2026) by The Outer Dowsing Offshore Wind Farm Order 2026 (S.I. 2026/138), arts. 1(2), 24(3) (with arts. 24(4), 42, 43, Sch. 18)

[^key-c137091f4f594196719e1fff290abe5f]: S. 11(3) restricted (11.3.2026) by The Fenwick Solar Farm Order 2026 (S.I. 2026/151), art. 1, Sch. 14 para. 32(1)(o) (with Sch. 14)

[^key-e78ebba041b1bfef679e2cf17f675262]: S. 13 applied (11.3.2026) by The Fenwick Solar Farm Order 2026 (S.I. 2026/151), arts. 1, 19(11), 20(6), 30, 31 (with Sch. 14)

[^key-23fc7c21614cbedc2c9413314adc3594]: Pt. 1 applied (with modifications) (11.3.2026) by The Fenwick Solar Farm Order 2026 (S.I. 2026/151), arts. 1, 28, Sch. 10 paras. 4, 5 (with art. 22(2), Sch. 14)

[^key-975654426e4ee2574eeba70004cab4fb]: Sch. 2A excluded (11.3.2026) by The Fenwick Solar Farm Order 2026 (S.I. 2026/151), arts. 1, 26(3) (with Sch. 14)

Persons without power to sell their interests.

In section 19(1) the reference to section 58 of the Lands Clauses Consolidation Act 1845 includes a reference to Schedule 2 to this Act.

I , of , in consideration of the sum of paid to me [or, as the case may be], into court, in the name and with the privity of the Accountant General of the Supreme Court, ex parte “the acquiring authority" [naming them], or to A.B., of , and C.D., of , [two trustees appointed to receive the same], pursuant to the [here name the compulsory purchase order], by the [here name the acquiring authority], do hereby convey to the said authority [or other description], and their successors in title, all [describing the premises to be conveyed], and all such estate, right, title, and interest in and to the same as I am or shall become seised or possessed of, or am by the said order empowered to convey to hold the premises to the said authority [for other description], and their successors in title, for ever. In witness, etc.

In section 19(1) the reference to section 58 of the Lands Clauses Consolidation Act 1845 includes a reference to Schedule 2 to this Act.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mortgages.

In section 36(3) for the words from “the Lands Clauses Acts” to the end of the subsection there shall be substituted the words “the provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable) other than sections 4 to 8, section 10, and section 31, shall apply”.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons without power to sell their interests.

Mortgages.

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4A

• (1) If an application is made under section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the applicable period for the purposes of section 4 is to be extended by—

• (a) a period equivalent to the period beginning with the day the application is made and ending on the day it is withdrawn or finally determined, or

• (b) if shorter, one year.

• (2) An application is not finally determined for the purposes of subsection (1)(a) if an appeal in respect of the application—

• (a) could be brought (ignoring any possibility of an appeal out of time with permission), or

• (b) has been made and not withdrawn or finally determined.

11A

• (1) This section applies where—

• (a) an acquiring authority have given a notice of entry under section 11(1) but have not yet entered on and taken possession of the land, and

• (b) the authority become aware of an owner, lessee or occupier (“the newly identified person”) to whom they ought to have given a notice to treat under section 5(1) but have not.

• (2) Any notice of entry already served under section 11(1) remains valid, but the authority may not enter on and take possession of the land unless they serve on the newly identified person—

• (a) a notice to treat under section 5(1), and

• (b) a notice of entry under section 11(1).

• (3) Subsection (4) applies for the purpose of determining the period to be specified in the notice of entry under section 11(1) served on the newly identified person if—

• (a) the person is an occupier of the land and the authority were not aware of the person because they were given misleading information when carrying out inquiries under section 5(1), or

• (b) the person is not an occupier of the land.

• (4) The period specified in the notice must be a period that ends—

• (a) no earlier than the end of the period of 14 days beginning with the day on which the notice of entry is served, and

• (b) no earlier than the end of the period specified in any previous notice of entry given by the acquiring authority in respect of the land.

11B

• (1) Where an acquiring authority serve a notice of entry under section 11(1) on an occupier with an interest in land, the occupier may serve a counter-notice requiring the acquiring authority to take possession of the land by no later than a date specified in the counter-notice.

• (2) If the occupier gives up possession of the land on or before the specified date the acquiring authority are to be treated as having taken possession on that date (unless the acquiring authority has in fact taken possession before that date).

• (3) The date specified in the counter-notice—

• (a) must not be before the end of the period specified in the notice of entry under section 11(1), and

• (b) must be at least 28 days after the day on which the counter-notice is served.

• (4) A counter-notice under subsection (1) has no effect if the notice to treat relating to the land is withdrawn or ceases to have effect before the date specified in the counter-notice.

• (5) A counter-notice under subsection (1) has no effect if it would require an acquiring authority to take possession of land at a time when section 11A or paragraph 6 of Schedule 2A prohibit the authority from entering on and taking possession of the land.

• (6) If subsection (5) applies, the authority must notify the occupier who served the counter-notice—

• (a) that the counter-notice has no effect, and

• (b) if the authority serve a notice of entry as mentioned in section 11A(2)(b), of the date after which the authority could enter on and take possession of the land.

• (7) If a counter-notice served under subsection (1) has no effect because of subsection (5), the occupier who served it may serve a further counter-notice.

• (8) Where a notice of entry under section 11(1) is served on more than one occupier with the same interest in the land, a reference in this section to the occupier with an interest in land is to all of them acting together.

SCHEDULE 2A

PART 1 — Counter-notice where acquiring authority has not taken possession

Introduction

1

• (1) This Part applies where an acquiring authority—

• (a) serve a notice to treat in respect of part only of a house, building or factory,

• (b) have not entered on and taken possession of the land to which the notice to treat relates, and

• (c) have not executed a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of the land to which the notice to treat relates.

• (2) But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface).

2

This Part does not apply by virtue of a notice to treat that is deemed to have been served in respect of part only of a house, building or factory under section 154(5) of the Town and Country Planning Act 1990 (deemed notice to treat in relation to blighted land).

3

In this Part—

• “additional land” means the part of the house, building, or factory not specified in the notice to treat;

• “house” includes any park or garden belonging to a house;

• “land proposed to be acquired” means the part of the house, building or factory specified in the notice to treat;

• “whole of the land” means the land proposed to be acquired and the additional land.

Counter-notice requiring authority to purchase whole of land

4

A person who is able to sell the whole of the land (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner's interest in the whole of the land.

5

A counter-notice under this Part must be served within—

• (a) the period of 28 days beginning with the day on which the notice to treat was served, or

• (b) if it would end earlier, the period specified in a repeat notice of entry served in accordance with section 11A.

Effect of counter-notice on notice of entry

6

If the owner serves a counter-notice—

• (a) any notice of entry under section 11(1) that has already been served on the owner in respect of the land proposed to be acquired ceases to have effect, and

• (b) the acquiring authority may not serve a notice of entry (or a further notice of entry) on the owner under section 11(1) in respect of that land unless they are permitted to do so by paragraph 11 or 12.

Acquiring authority must respond to counter-notice within three months

7

On receiving a counter-notice the acquiring authority must decide whether to—

• (a) withdraw the notice to treat,

• (b) accept the counter-notice, or

• (c) refer the counter-notice to the Upper Tribunal.

8

The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).

9

If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.

10

If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period.

Effects of accepting counter-notice or referring it to the Upper Tribunal

11

If the acquiring authority serve notice of a decision to accept the counter-notice—

• (a) the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the whole of the land, and

• (b) the authority may serve a notice of entry under section 11(1) in relation to the whole of the land.

12

If the acquiring authority serve notice of a decision to refer the counter-notice to the Upper Tribunal, the acquiring authority may serve a notice of entry under section 11(1) on the owner in relation to the land proposed to be acquired.

13

If the authority have already served one or more notices of entry under section 11(1) in respect of the land proposed to be acquired the period specified in any new notice of entry in relation to that land must be a period that ends no earlier than the end of the period in the most recent notice of entry.

PART 2 — Counter-notice where authority has taken possession

Introduction

14

• (1) This Part applies where an acquiring authority—

• (a) have entered on and taken possession of part only of a house, building or factory,

• (b) did not enter on and take possession of the land in accordance with section 11(1), whether because they had not served a notice to treat or otherwise, and

• (c) have not executed a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of the land which they have entered on and taken possession of.

• (2) But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface).

15

This Part does not apply if the acquiring authority are deemed to have served a notice to treat in respect of the land proposed to be acquired under section 154(5) of the Town and Country Planning Act 1990 (deemed notice to treat in relation to blighted land).

16

In this Part—

• “additional land” means the part of the house, building, or factory that the authority have not entered on and taken possession of;

• “house” includes any park or garden belonging to a house;

• “land proposed to be acquired” means the part of the house, building or factory that the authority entered on and took possession of otherwise than in accordance with section 11(1);

• “whole of the land” means the land proposed to be acquired and the additional land.

Counter-notice requiring authority to purchase additional land

17

A person who is able to sell the whole of the land (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner's interest in the whole of the land.

18

A counter-notice under this Part must be served within the period of 28 days beginning with the day on which—

• (a) the owner first had knowledge that the acquiring authority had entered on and taken possession of the land, or

• (b) if later, the owner receives any notice to treat.

Acquiring authority must respond to counter-notice within 3 months

19

On receiving a counter-notice the acquiring authority must decide whether to—

• (a) accept the counter-notice, or

• (b) refer the counter-notice to the Upper Tribunal.

20

The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).

21

If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.

22

If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to accept the counter-notice at the end of that period.

Effects of accepting counter-notice

23

• (1) This paragraph applies where the acquiring authority serve notice of a decision to accept the counter-notice.

• (2) The compulsory purchase order has effect as if it included the owner's interest in the additional land.

• (3) If the acquiring authority have already served a notice to treat in relation to the land proposed to be acquired, the notice has effect as if it also included the owner's interest in the additional land.

• (4) If the acquiring authority have not served a notice to treat, they must serve a notice to treat in relation to the owner's interest in the whole of the land.

PART 3 — Determination by the Upper Tribunal

Introduction

24

This Part applies where, in accordance with paragraph 9 or 21, the acquiring authority refer a counter-notice to the Upper Tribunal.

25

In this Part “land proposed to be acquired” and “additional land” have the meanings given by paragraph 3 or 16 as the case may be.

Role of the Upper Tribunal

26

• (1) The Upper Tribunal must determine whether the severance of the land proposed to be acquired would—

• (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or

• (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.

• (2) In making its determination, the Upper Tribunal must take into account—

• (a) the effect of the severance,

• (b) the proposed use of the land proposed to be acquired, and

• (c) if that land is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.

27

If the Upper Tribunal determines that the severance of the land proposed to be acquired would have either of the consequences described in paragraph 26(1) it must determine how much of the additional land the acquiring authority ought to be required to take in addition to the land proposed to be acquired.

Effect of determination that more land should be acquired

28

• (1) This paragraph applies where the Upper Tribunal determines that the acquiring authority ought to be required to take the whole or part of the additional land.

• (2) The compulsory purchase order has effect as if it included the owner's interest in the additional land.

• (3) If the acquiring authority have already served a notice to treat in relation to the land proposed to be acquired, the notice has effect as if it also included the owner's interest in the additional land.

• (4) If the acquiring authority have not served a notice to treat, they must serve a notice to treat in relation to the owner's interest in the land proposed to be acquired and the additional land.

• (5) If the acquiring authority have already entered on and taken possession of the land proposed to be acquired, the power to award compensation under section 7 includes power to award compensation for any loss suffered by the owner by reason of the temporary severance of the land from the additional land.

• (6) Where the Upper Tribunal determines that the acquiring authority ought to be required to take part only of the additional land, a reference in sub-paragraph (2) to (5) to “the additional land” is to that part.

Withdrawal of notice to treat following determination

29

• (1) This paragraph applies where—

• (a) the acquiring authority have served a notice to treat in respect of the land proposed to be acquired,

• (b) the Upper Tribunal has determined that the authority ought to be required to take the whole or part of the additional land, and

• (c) the authority have not yet entered on and taken possession of any of the land proposed to be acquired or the additional land.

• (2) The acquiring authority may withdraw the notice to treat in respect of the whole of the land at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal made its determination.

• (3) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.

• (4) Any dispute as to the compensation is to be determined by the Upper Tribunal.