- Law Commission to consider how
outdated compulsory purchase laws can be modernised
- Government-backed review of
technical laws to examine land acquisition and compensation
The Law Commission of England and Wales has
announced that it will begin a review of the legislation
governing compulsory purchase, in order to make the law simpler,
consistent and more accessible.
Compulsory purchase – the legal mechanism by which public bodies
can acquire land without the consent of the owner – is essential
to the implementation of largescale projects to improve local and
national infrastructure.
The same powers are also used to secure land for new housing
developments, for community facilities, and for environmental
purposes – including projects designed to help the Government
meet its climate ambitions.
The Law Commission has been asked by the Department for Levelling
Up, Housing and Communities (DLUHC) to review the current law on
compulsory purchase, to ensure that it supports the critical
infrastructure needs of today and delivers for local communities.
The Commission’s review follows concerns that the law of
compulsory purchase in England and Wales is fragmented, hard to
access and in need of modernisation. The review also follows the
Government’s commitment in its 2022 White Paper, “Levelling Up
the United Kingdom” to enhance compulsory purchase powers.
In the new review, the Law Commission will examine the technical
laws concerning:
- The procedures governing the
acquisition of land through compulsory purchase orders (CPOs).
- The system for assessing the
compensation awarded to parties in relation to such acquisitions.
Commenting on the review, Nicholas Paines KC, Public Law
Commissioner, said:
“Compulsory purchase orders are essential to delivering
large-scale projects – from critical infrastructure, to housing
developments and environmental plans.
“It is important that the legislative regime is effective,
consistent, and clear to both landowners and acquiring
authorities – but the current laws are fragmented and complex,
often leading to uncertainty and unpredictability.
“I am therefore pleased that the Law Commission is undertaking
this review. Our project will help to ensure that the law
governing compulsory purchase is modernised and simplified – so
that it can better support future projects at a local and
national level.
Levelling Up Minister said:
“Giving councils the right tools to drive forward
regeneration across our towns and cities and deliver much-needed
new homes is essential to our levelling up mission. I am very
pleased the Law Commission will review compulsory purchase law to
make sure current rules are fit for purpose and councils have
greater confidence on when and how they can use these powers.
“The measures we are taking forward through the
Levelling-up and Regeneration Bill will also improve the process
and help ensure that fair compensation is paid.”
Next Steps
Preliminary research on this review will begin in early 2023.
This research will include a review of the 2003 and 2004 Law
Commission reports on compulsory purchase (see below), as well as
pre-consultation engagement with stakeholders and analysis of the
current law.
Visit the project page for
further information.
