You can download booklets published by the Department for Community and Local Government, which outline your rights for compensation, from the gov.uk website.
We've answered some frequently asked questions below.
If you own a property and the whole or part is required for a road proposal, and you want to move house, you may find it difficult to get a fair price for your home.
This is known as statutory blight and you are entitled to serve a blight notice on the highway authority, in this case Norfolk County Council.
In order to make a claim, you must have been in continuous occupation for six months prior to serving us the blight notice.
You must also show reasonable attempts to sell and either cannot sell or have only been offered a substantially reduced price by prospective purchasers.
If you own a property that is not required for the preferred route, but you believe you will be seriously affected by the road, you may ask the County Council to consider purchasing your property.
We are only legally obliged to buy a property which it needs to carry out the scheme or which is blighted. However, in certain circumstances it can make a discretionary purchase of other property which is seriously affected.
In August 2003, we produced a guidelines document based on section 246(2) of the Highways Act 1980 and you can request a copy from us.
A Compulsory Purchase Order (CPO) can be made where an authority has proved that there is an overriding need for the land required to carry out works in the public interest.
Norfolk County Council must first justify the need for the scheme, but once this has been proved, we would have the right to buy the land required for the scheme. When we have firm proposals, we will write to the people who own land or property we need for the scheme.
The CPO would enable us to fix a date when we would require entry onto the land.
However, we are obliged to pay reasonable compensation for the loss of any land and will negotiate to settle the purchase. There are strict procedures for CPOs that we must follow, which are there to protect your rights.
Side Roads Orders (SRO) gives us the powers to change the status or alter the line of roads and other rights of way, where they are crossed by the NDR.
If you have not had any land acquired for the new road, but feel that your property has lost value because of physical factors, you may be able to claim compensation under Part 1 of the Land Compensation Act 1973.
The physical factors are noise, vibration, smell, fumes, smoke and artificial lighting and the discharge on to the property of any solid or liquid substance. Other factors such as the loss of view or privacy cannot be included in the claim.
To claim, you must be the owner of the property on the date the road first comes into public use (see table below under 'NDR timescales'). This is known as the ‘relevant date’. You must also still be the owner on the date you claim, and be occupying the property as your home.
The exceptions to this are where you have let the property to someone else or there is another legal reason preventing you from occupying the property.
The first day for claiming compensation is a year and a day after the new or altered highway first comes into public use. This is known as the ‘first claim day’ (see table below in 'NDR timescales').
You can make a claim yourself or ask someone to do this for you. Anyone can act for you but most people prefer to use a professional valuer or an agent that specialises in Part 1 claims to prepare and negotiate the claim on their behalf.
It is quite possible that one or more agents offering to act on your behalf will approach you. It is not unusual for such approaches to be made well before the first claim day or even before the new or altered scheme has opened for public use.
The County Council will refund what is considered to be reasonable valuation expenses incurred by you to employ an agent to prepare and negotiate your claim. We will only pay one set of agent’s fees; you need to keep this in mind if you consider changing your agent during the processing of your claim. The repayment of your agent’s fee will only happen if your claim is successful and compensation is to be paid.
Our valuers will weigh up the impact of physical effects arising from the road in use against the value of your property based on property prices current on the first claim day.
Some sections of the NDR, including side roads, opened on the dates below. The relevant dates and claim dates are therefore as follows:
|NDR section||Opened (relevant date)||First date of claim|
|Drayton Link Road||20/07/2017||21/07/2018|
|A1067 to A140||11/11/2017||12/11/2018|
|Green Lane West Link||19/11/2017||20/11/2018|
|A140 to A1151||21/12/2017||22/12/2018|
|A1151 to A47||17/04/2018||18/04/2019|
For further information on Part 1 claims, view the following links on the GOV.UK website: