Compensation when a road affects your property's value
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.