If a counter notice is served, the claimant has the option to refer the matter to the Lands Chamber of the Upper Tribunal. The authority has two months in which to serve a counter notice, but if it does not do so within this period then the blight notice automatically becomes accepted. These include cases where the land is not actually needed for the scheme in question. The legislation sets out a number of grounds on which the authority can refuse to accept a blight notice by serving a 'counter notice'. Claimants and their advisors need to make sure that the evidence they provide clearly demonstrates that buyers are not being put off by these property-specific reasons, or their claims simply won't be successful.ĭoes the appropriate authority have to accept the blight notice? One of the main problem areas we frequently encounter is where the feedback from local estate agents is that properties won't sell because of an issue with the property itself, such as a dated fit-out or that the garden is too small, rather than because of the development proposals in the area. We're often asked to review blight notices on behalf of acquiring authorities. that they have been unable to sell the property except at a price substantially lower than its unaffected market value as a result of the fact that it (or part of it) is blighted land.with certain limited exceptions, that they have made appropriate efforts (referred to as "reasonable endeavours") to sell the property before submitting their claim and.that they come within one of the categories of eligible persons described above.which category of blighted land (set out in Schedule 13 of the Act) the property falls under.If a property owner wishes to serve a blight notice, they must demonstrate that the following criteria are made out: a personal representative of a deceased person (such as an executor under a will) who, at the date of his death, would have been able to serve a blight notice.īoth freeholders and leaseholders are eligible provided that the lease has at least three years left.a mortgage lender who has the right to sell the property and who can give immediate possession or.an owner-occupier of an agricultural unit or part of an agricultural unit.an owner-occupier of business premises with a rateable net annual value below a specified threshold (currently GBP44,200 in Greater London or GBP36,000 in the rest of England and Wales per year).a residential owner-occupier of a private dwelling.To be eligible, the claimant must have an interest in the land as one of the following:
If the claimant has already moved out, a notice can also be served within the following 12 months provided that the property has remained unoccupied since. The notice must relate to the whole of the property, even if only part of it is directly affected by the scheme or proposal. These discretionary schemes are bespoke to each project and authority.īlight notices can be submitted for houses, commercial property or agricultural land, provided that the claimant has occupied it for at least six months. There is no specific right to compensation for generalised blight, but appropriate authorities will often have discretionary purchase schemes which enable a broader category of landowners to oblige the authority to acquire their land if they cannot sell on the open market.
#Blight definition usage full
If it is, the owner will be entitled to serve a 'blight notice' on the appropriate authority which, if accepted, will mean that the authority must buy the property and compensate the owner for its full unaffected market value.īlight is when the value of a property is substantially reduced because of a proposal to carry out works, such as a new road or airport expansion, or to designate land for particular uses and the owners are unable to sell it as a result at its unaffected market value. These apply if the property in question is subject to 'planning blight'. There are certain circumstances where property owners – residential, commercial and agricultural – can require public sector bodies and certain private sector project promoters (together referred to in the legislation as "appropriate authorities") to purchase their land.
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