Legalize / United Kingdom / Land Compensation Act 1973 / History

Reform history

Land Compensation Act 1973

100 versions · 1973-05-23

2026-04-07

Land Compensation Act 1973

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2026-03-11

Land Compensation Act 1973

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2026-03-04

Land Compensation Act 1973

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2026-03-03

Land Compensation Act 1973

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Changes on 2026-03-03

@@ -2033,7 +2033,7 @@

## SCHEDULE 3

#### Right to compensation.

#### Interests qualifying for compensation.

##### 12A

@@ -2093,98 +2093,98 @@

- (4) Subsections (3), (7) and (12) of section 20 above apply for the purposes of this section as they apply for the purposes of that.

#### Acquisition of land in connection with public works.

##### 29A

- (1) This section applies where, by reason of the entitlement of one spouse or civil partner (“A”) to occupy a dwelling by virtue of an interest or right to which section 29 above applies, the other spouse or civil partner (“B”) acquires home rights (within the meaning of Part IV of the Family Law Act 1996) .

- (2) So long as—

- (a) those home rights continue,

- (b) B is in occupation of the dwelling and A is not, and

- (c) B is not, apart from this section, treated as occupying the dwelling by virtue of an interest or right to which that section applies,

B shall be treated for the purposes of that section as occupying the dwelling by virtue of such an interest (but not an owner’s interest within the meaning of section 30 below).

- (3) References in this section to a dwelling include a reference to a substantial part of it.

#### Amount of home loss payment in England and Wales.

#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

##### 29A

- (2) So long as—

- (a) those home rights continue,

- (b) B is in occupation of the dwelling and A is not, and

- (c) B is not, apart from this section, treated as occupying the dwelling by virtue of an interest or right to which that section applies,

B shall be treated for the purposes of that section as occupying the dwelling by virtue of such an interest (but not an owner’s interest within the meaning of section 30 below).

- (3) References in this section to a dwelling include a reference to a substantial part of it.

#### Amount of home loss payment in England and Wales.

#### Compensation in respect of land subject to business tenancy.

##### 52A

- (1) This section applies where the compensation to be paid by the acquiring authority for the compulsory acquisition of any interest in land would (apart from this section) carry interest under section 11(1) of the Compulsory Purchase Act 1965 or any bond under ... section 85 of the Lands Clauses Consolidation Act 1845.

- (2) If the authority make a payment under section 52(1) after the date of entry to any person on account of the compensation—

- (a) they must at the same time make a payment to that person of accrued interest, for the period beginning with the date of entry, on the amount of the compensation agreed or estimated under section 52(3) (the total amount), and

- (b) the difference between the paid amount and the total amount is an unpaid balance for the purposes of this section.

- (2A) The paid amount is—

- (a) the amount of the payment under section 52(1), or

- (b) if the land is subject to a mortgage, the aggregate of that amount and the amount of any payment made under section 52ZA(3).

- (3) If the authority make a payment under section 52(4A) above to any person on account of the compensation, they shall at the same time make a payment to him of accrued interest, for the period beginning with the date of entry, on—

- (a) the amount by reference to which the payment under section 52(4A) above was calculated; less

- (b) the amount by reference to which the preceding payment under section 52(1) or (4A) above was calculated.

- (4) Where the authority make a payment under section 52(4A) above on account of the compensation, the difference between—

- (a) the amount of the payment; and

- (b) the amount by reference to which it was calculated less the amount by reference to which the preceding payment under section 52(1) or (4A) above was calculated,

is an unpaid balance for the purposes of this section.

- (5) If, on an anniversary of the date on which the authority made a payment to any person under section 52(1) above on account of the compensation—

- (a) the amount of accrued interest on the unpaid balance under subsection (2) above or, as the case may be,

- (b) the aggregate amount of the accrued interest on any unpaid balances,

exceeds £1,000, the authority shall make a payment to the claimant of the amount or aggregate amount.

- (6) The acquiring authority shall, on paying the outstanding compensation, pay the amount of the accrued interest on the unpaid balance under subsection (2) above or, as the case may be, the aggregate amount of the accrued interest on any unpaid balances.

- (7) For the purposes of subsections (5) and (6) above, interest accrues on any unpaid balance for the period beginning with—

- (a) the making of the payment under section 52(1) or, as the case may be, 52(4A) above; or

- (b) if any payment has already been made in respect of that balance under subsection (5) above, the date of the preceding payment under that subsection.

- (8) For the purposes of this section—

- (a) interest accrues at the rate prescribed under section 32 of the Land Compensation Act 1961 or, in the case of a bond under section 85 of the Lands Clauses Consolidation Act 1845, at the rate specified in section 85; and

- (b) the amount by reference to which a payment under section 52(1) or (4A) was calculated is the amount referred to in section 52(3)(a) or (b) for the purposes of that calculation.

- (9) Where any payment has been made under section 52(1) above on account of any compensation, the acquiring authority is not required to pay interest under section 11(1) of the Compulsory Purchase Act 1965 or any bond ... under section 85 of the Lands Clauses Consolidation Act 1845.

- (10) Where the amount, or aggregate amount, of any payment under section 52 above made on the basis of the acquiring authority’s estimate of the compensation is greater than the compensation as finally determined or agreed and, accordingly, the interest paid under this section is excessive, the excess shall be repaid.

- (11) If after any interest has been paid to any person under this section on any amount it is discovered that he was not entitled to the amount, the interest shall be recoverable by the acquiring authority.

- (12) The Secretary of State may from time to time by order substitute another sum for the sum specified in subsection (5) above; and the power to make orders under this subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

#### Notice to treat in respect of part of agricultural land.

#### Other procedures for taking possession of part of agricultural holding.

#### Determination of material detriment where part of house etc. proposed for compulsory acquisition.

#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Compensation in respect of land subject to business tenancy.

##### 52A

- (2) If the authority make a payment under section 52(1) after the date of entry to any person on account of the compensation—

- (b) the difference between the paid amount and the total amount is an unpaid balance for the purposes of this section.

- (2A) The paid amount is—

- (a) the amount of the payment under section 52(1), or

- (b) if the land is subject to a mortgage, the aggregate of that amount and the amount of any payment made under section 52ZA(3).

- (a) the amount by reference to which the payment under section 52(4A) above was calculated; less

- (b) the amount by reference to which the preceding payment under section 52(1) or (4A) above was calculated.

- (4) Where the authority make a payment under section 52(4A) above on account of the compensation, the difference between—

- (a) the amount of the payment; and

- (b) the amount by reference to which it was calculated less the amount by reference to which the preceding payment under section 52(1) or (4A) above was calculated,

is an unpaid balance for the purposes of this section.

- (5) If, on an anniversary of the date on which the authority made a payment to any person under section 52(1) above on account of the compensation—

- (a) the amount of accrued interest on the unpaid balance under subsection (2) above or, as the case may be,

- (b) the aggregate amount of the accrued interest on any unpaid balances,

exceeds £1,000, the authority shall make a payment to the claimant of the amount or aggregate amount.

- (7) For the purposes of subsections (5) and (6) above, interest accrues on any unpaid balance for the period beginning with—

- (a) the making of the payment under section 52(1) or, as the case may be, 52(4A) above; or

- (b) if any payment has already been made in respect of that balance under subsection (5) above, the date of the preceding payment under that subsection.

- (8) For the purposes of this section—

- (b) the amount by reference to which a payment under section 52(1) or (4A) was calculated is the amount referred to in section 52(3)(a) or (b) for the purposes of that calculation.

#### Notice to treat in respect of part of agricultural land.

#### Other procedures for taking possession of part of agricultural holding.

#### Determination of material detriment where part of house etc. proposed for compulsory acquisition.

#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

## Editorial notes

@@ -3550,6 +3550,8 @@

[^key-71f43134a53a306afbb0dd03dfd15f59]: [S. 33D(6)](https://www.legislation.gov.uk/ukpga/1973/26/section/33D/6)[(6A)](https://www.legislation.gov.uk/ukpga/1973/26/section/33D/6A) substituted for [s. 33D(6)](https://www.legislation.gov.uk/ukpga/1973/26/section/33D/6) (18.2.2026) by [Planning and Infrastructure Act 2025 (c. 34)](https://www.legislation.gov.uk/ukpga/2025/34), [ss. 111(5)](https://www.legislation.gov.uk/ukpga/2025/34/section/111/5), [118(5)(e)](https://www.legislation.gov.uk/ukpga/2025/34/section/118/5/e) (with [ss. 111(6)](https://www.legislation.gov.uk/ukpga/2025/34/section/111/6)[(7)](https://www.legislation.gov.uk/ukpga/2025/34/section/111/7), [116](https://www.legislation.gov.uk/ukpga/2025/34/section/116))

[^key-c48ae23146bebfdd7f01b0dbcb18ec05]: [Act](https://www.legislation.gov.uk/ukpga/1973/26) applied (with modifications) (25.2.2026) by [The A46 Coventry Junctions (Walsgrave) Development Consent Order 2026 (S.I. 2026/125)](https://www.legislation.gov.uk/uksi/2026/125), [art. 1](https://www.legislation.gov.uk/uksi/2026/125/article/1), [Sch. 7 paras. 1](https://www.legislation.gov.uk/uksi/2026/125/schedule/7/paragraph/1), [3](https://www.legislation.gov.uk/uksi/2026/125/schedule/7/paragraph/3) (with [arts. 40](https://www.legislation.gov.uk/uksi/2026/125/article/40), [45](https://www.legislation.gov.uk/uksi/2026/125/article/45), [Sch. 9](https://www.legislation.gov.uk/uksi/2026/125/schedule/9))

[^key-a3d53bfd2395c747ac50b2b00886ccc5]: [Act](https://www.legislation.gov.uk/ukpga/1973/26) 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)](https://www.legislation.gov.uk/uksi/2026/141), [art. 1](https://www.legislation.gov.uk/uksi/2026/141/article/1), [Sch. 2 paras. 1](https://www.legislation.gov.uk/uksi/2026/141/schedule/2/paragraph/1), [3](https://www.legislation.gov.uk/uksi/2026/141/schedule/2/paragraph/3)

##### 22

@@ -4129,334 +4131,334 @@

#### Amount of home loss payment in England and Wales.

#### Compensation in respect of land subject to business tenancy

#### Insolvency

#### Compensation in respect of agricultural holdings.

#### Insolvency

#### Advance payments: land subject to mortgage exceeding 90% threshold

#### Effect of counter-notice under section 53.

#### Other procedures for taking possession of part of agricultural holding.

#### Determination of material detriment where part of house etc. proposed for compulsory acquisition.

#### Short title, commencement and extent.

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

#### Spouses and civil partners having statutory rights of occupation.

#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Home loss payments for certain caravan dwellers.

#### Amount of disturbance payment.

#### Compensation in respect of agricultural holdings.

#### Compensation in respect of land subject to business tenancy.

#### Advance payments: land subject to mortgage

#### Determination of material detriment where part of house etc. proposed for compulsory acquisition.

#### Other procedures for taking possession of part of agricultural holding.

#### Determination of material detriment where part of house etc. proposed for compulsory acquisition.

#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Northern Ireland.

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

#### Spouses and civil partners having statutory rights of occupation.

#### Amount of home loss payment in England and Wales.

#### Home loss payments: exclusions

#### Basic loss payment

#### Amount of disturbance payment.

#### Advance payments: land subject to mortgage

#### Other procedures for taking possession of part of agricultural holding.

#### Determination of material detriment where part of house etc. proposed for compulsory acquisition.

#### Short title, commencement and extent.

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

#### Duty to rehouse certain caravan dwellers.

#### Compensation in respect of land subject to business tenancy.

#### Advance payments: land subject to mortgage

#### Notice to treat in respect of part of agricultural land.

#### Other procedures for taking possession of part of agricultural holding.

#### Determination of material detriment where part of house etc. proposed for compulsory acquisition.

#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Northern Ireland.

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

#### Duty to rehouse certain caravan dwellers.

#### Amount of disturbance payment.

#### Other procedures for taking possession of part of agricultural holding.

#### Determination of material detriment where part of house etc. proposed for compulsory acquisition.

#### Short title, commencement and extent.

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

#### Duty to rehouse residential occupiers.

#### Advance payments: land subject to mortgage exceeding 90% threshold

#### Effect of counter-notice under section 53.

#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Notice to quit part of agricultural holding: right to claim notice of entry compensation for remainder of holding.

#### Short title, commencement and extent.

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

#### Power of relevant authority to make advances repayable on maturity to displaced residential owner-occupiers.

#### Compensation in respect of agricultural holdings.

#### Advance payments: land subject to mortgage

#### Interest on advance payments of compensation paid late

#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Northern Ireland.

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

##### 52B

- (1) If the acquiring authority are required by section 52(1A) or (1B) to make an advance payment of compensation but pay some or all of it late, the authority must pay interest on the amount which is paid late (“the unpaid amount”).

- (2) Interest under subsection (1) accrues on the unpaid amount for the period beginning with the day after the last day on which payment could have been made in accordance with section 52(4) or (4ZA).

- (3) If the amount of the advance payment is greater than the compensation as finally determined or agreed (“the actual amount”), the claimant must repay any interest paid under this section that is attributable to the amount by which the advance payment exceeded the actual amount.

- (4) The Treasury must by regulations specify the rate of interest for the purposes of subsection (1).

- (5) Regulations under subsection (4) may contain further provision in connection with the payment of interest under subsection (1).

- (6) Regulations under subsection (4) are to be made by statutory instrument.

- (7) A statutory instrument containing regulations under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

#### Repayment by claimant etc.

##### 52AZA

- (1) Where the amount or aggregate amount of any payments under section 52 made on the basis of the acquiring authority's estimate of the compensation exceeds the compensation as finally determined or agreed, the excess is to be repaid.

- (2) If after any payment under section 52 has been made to any person it is discovered that the person was not entitled to it, the person must repay it.

- (3) If the notice to treat relating to an interest in land in relation to which an acquiring authority have made a payment to a claimant under section 52 is withdrawn or has ceased to have effect before the authority take possession of the land, the authority may by notice require the claimant to pay them an amount equal to the amount of the payment, unless another person has acquired the whole of the claimant's interest in the land.

- (4) Subsection (5) applies where—

- (a) a payment made to a claimant has been registered as a local land charge in accordance with section 52(8A),

- (b) the whole of the claimant's interest in land has subsequently been acquired by another person (a “successor”),

- (c) any notice to treat given in relation to the interest is withdrawn or ceases to have effect before the acquiring authority take possession of the land, and

- (d) the authority notify the successor that they are not going to give the successor a notice to treat (or a further notice to treat) for the interest.

- (5) The authority may by notice require the successor to pay them an amount equal to the amount of any payment made to the claimant under section 52.

- (6) A notice under subsection (3) or (5) must specify the date by which the claimant or successor must pay the amount.

- (7) The date mentioned in subsection (6) must be after the period of two months beginning with the day on which the authority give the notice under subsection (3) or (5).

- (8) Neither subsection (3) nor subsection (5) affects a right to compensation under section 31(3) or (3A) of the Land Compensation Act 1961 or section 5(2C)(b) of the Compulsory Purchase Act 1965.

##### 52ZD

- (1) The appropriate national authority may by regulations impose requirements about the form and content of a request under section 52(2), 52ZA(3) or 52ZB(3).

- (2) In subsection (1) “*appropriate national authority*” means—

- (a) in relation to a request relating to the compulsory acquisition of land in England, the Secretary of State;

- (b) in relation to a request relating to the compulsory acquisition of land in Wales, the Welsh Ministers.

- (3) Regulations under subsection (1) may permit or require a person specified in the regulations to design a form to be used in making a request.

- (4) Regulations under subsection (1) may require an acquiring authority to supply, at specified stages of the compulsory acquisition process, copies of a form to be used in making a request.

- (5) Regulations under subsection (1) are to be made by statutory instrument.

- (6) A statutory instrument containing regulations under subsection (1) is subject to annulment—

- (a) in the case of an instrument made by the Secretary of State, in pursuance of a resolution of either House of Parliament;

- (b) in the case of an instrument made by the Welsh Ministers, in pursuance of a resolution of the National Assembly for Wales.

##### 52ZE

- (1) Where an acquiring authority have made a payment to a mortgagee under section 52ZA or 52ZB in relation to an interest in land and notify the claimant that the notice to treat relating to the interest is withdrawn or has ceased to have effect before the authority take possession of the land, the authority may by notice require the claimant to pay them an amount equal to the amount of the payment, unless another person has acquired the whole of the claimant's interest in the land.

- (2) Subsection (3) applies where—

- (a) a payment under section 52ZA or 52ZB has been registered as a local land charge in accordance with section 52(8A),

- (b) the whole of a claimant's interest in land has subsequently been acquired by another person (a “successor”),

- (c) any notice to treat given in relation to the interest is withdrawn or ceases to have effect before the authority take possession of the land, and

- (d) the acquiring authority notify the successor that they are not going to give the successor a notice to treat (or a further notice to treat) in relation to the interest.

- (3) The authority may by notice require the successor to pay them an amount equal to the amount of the payment.

- (4) A notice under subsection (1) or (3) must specify the date by which the claimant or successor must pay the amount.

- (5) The date mentioned in subsection (4) must be after the period of two months beginning with the day on which the authority give the notice under subsection (1) or (3).

- (6) Neither subsection (1) nor subsection (3) affects a right to compensation under section 31(3) or (3A) of the Land Compensation Act 1961 or section 5(2C)(b) of the Compulsory Purchase Act 1965.

#### Interest on advance payments of compensation paid late

#### Other procedures for taking possession of part of agricultural holding.

#### Determination of material detriment where part of house etc. proposed for compulsory acquisition.

#### Short title, commencement and extent.

#### Northern Ireland.

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

#### Spouses and civil partners having statutory rights of occupation.

#### Amount of home loss payment in England and Wales.

#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Home loss payments for certain caravan dwellers.

#### Amount of disturbance payment.

#### Compensation in respect of agricultural holdings.

#### Compensation in respect of land subject to business tenancy.

#### Advance payments: land subject to mortgage

#### Determination of material detriment where part of house etc. proposed for compulsory acquisition.

#### Other procedures for taking possession of part of agricultural holding.

#### Determination of material detriment where part of house etc. proposed for compulsory acquisition.

#### Duty to rehouse certain caravan dwellers.

#### Repayment by claimant etc.

#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Northern Ireland.

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

#### Spouses and civil partners having statutory rights of occupation.

#### Amount of home loss payment in England and Wales.

#### Home loss payments for certain caravan dwellers.

#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

##### 32A

- (1) This section applies to a person if—

- (a) the person is displaced from a dwelling on land as mentioned in section 29(1)(a) (displacement in consequence of a compulsory acquisition),

- (b) a notice falling within subsection (4) has been served on the person in relation to the land,

- (c) at the relevant time the notice has effect or is operative, and

- (d) the person has failed to comply with any requirement of the notice.

- (2) This section also applies to a person if—

- (a) the person is displaced from a dwelling on land as mentioned in section 29(1)(a) (displacement in consequence of a compulsory acquisition),

- (b) a copy of an order falling within subsection (5) has been served on the person in relation to the land, and

- (c) the order has not been quashed on appeal.

- (3) No payment may be made under section 29 to a person to whom this section applies.

- (4) These are the notices—

- (a) a notice under section 215 of the Town and Country Planning Act 1990 (power to require proper maintenance of land);

- (b) a notice under section 11 of the Housing Act 2004 (improvement notice relating to category 1 hazard);

- (c) a notice under section 12 of that Act (improvement notice relating to category 2 hazard);

- (d) a notice under section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 138 of the Historic Environment (Wales) Act 2023 (asc 3) (repairs notice prior to notice of compulsory acquisition of listed building).

- (5) These are the orders—

- (a) an order under section 20 of the Housing Act 2004 (prohibition order relating to category 1 hazard);

- (b) an order under section 21 of that Act (prohibition order relating to category 2 hazard);

- (c) an order under section 43 of that Act (emergency prohibition orders);

- (d) an order under section 265 of the Housing Act 1985 (demolition order relating to category 1 or 2 hazard).

- (6) For the purposes of subsection (1)(c), the relevant time is the date on which any of the following occurs—

- (a) in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies—

- (i) the compulsory purchase order is confirmed, other than conditionally, under section 13 or 13A of the Acquisition of Land Act 1981;

- (ii) the compulsory purchase order is made, other than conditionally, under paragraph 4 or 4A of Schedule 1 to that Act;

- (iii) a decision is made under section 13BA(2)(a) of that Act (decision that conditions subject to which order was confirmed have been met);

- (iv) a decision is made under paragraph 4AA(2)(a) of Schedule 1 to that Act (decision that conditions subject to which order was made have been met);

- (b) in the case of a compulsory acquisition which is to be authorised by any other order, the order is made or confirmed in accordance with the procedures which apply by virtue of the Act under which it is made;

- (c) in the case of a compulsory acquisition which does not fall within paragraph (a) or (b) and which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, a notice to treat is deemed to have been served;

- (d) in the case of a compulsory acquisition which does not fall within paragraph (a), (b) or (c) and which is to be authorised by a special enactment, the enactment is passed.

- (7) In subsection (6), references to a compulsory acquisition are to the compulsory acquisition in consequence of which the person is displaced.

- (8) The appropriate national authority may by regulations amend subsections (4) and (5).

- (9) In this section—

- “*appropriate national authority*” means—the Secretary of State, in relation to England;the Welsh Ministers, in relation to Wales;

- “*special enactment*” means—a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, ora provision which—is contained in an Act other than a local or private Act, andauthorises the compulsory acquisition of land specifically identified in that Act.

- (10) The power to make regulations under subsection (8) must be exercised by statutory instrument subject to annulment in pursuance of a resolution of—

- (a) either House of Parliament, in the case of regulations made by the Secretary of State;

- (b) Senedd Cymru, in the case of regulations made by the Welsh Ministers.

#### Basic loss payment

#### Amount of disturbance payment.

#### Duty to rehouse residential occupiers.

#### Advance payments: land subject to mortgage

#### Other procedures for taking possession of part of agricultural holding.

#### Notice to quit agricultural holding: right to opt for notice of entry compensation.