Compensation when a road affects your property's value

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.