Compulsory Purchase Act 1965

5 Notice to treat, and untraced owners. E+W

(1) When the acquiring authority require to purchase any of the land subject to compulsory purchase, they shall give notice (hereafter in this Act referred to as a “notice to treat”) to all the persons interested in, or having power to sell and convey or release, the land, so far as known to the acquiring authority after making diligent inquiry.

(2) Every notice to treat—

(a) shall give particulars of the land to which the notice relates,

(b) shall demand particulars of the recipient’s estate and interest in the land, and of the claim made by him in respect of the land, and

(c) shall state that the acquiring authority are willing to treat for the purchase of the land, and as to the compensation to be made for the damage which may be sustained by reason of the execution of the works.

[F1 (2ZA) For provision about notice of claims for compensation, see sections 4 and 4A of the Land Compensation Act 1961.]

[F2 (2A) A notice to treat shall cease to have effect at the end of the period of three years beginning with the date on which it is served unless—

(a) the compensation has been agreed or awarded or has been paid or paid into court,

(b) a general vesting declaration has been executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981,

(c) the acquiring authority have entered on and taken possession of the land specified in the notice, or

(d) the question of compensation has been referred to the [F3 Upper Tribunal].

(2B) If the person interested in the land, or having power to sell and convey or release it, and the acquiring authority agree to extend the period referred to in subsection (2A) of this section, the notice to treat shall cease to have effect at the end of the period as extended unless—

(a) any of the events referred to in that subsection have then taken place, or

(b) the parties have agreed to a further extension of the period (in which case this subsection shall apply again at the end of the period as further extended, and so on).

(2C) Where a notice to treat ceases to have effect by virtue of subsection (2A) or (2B) of this section, the acquiring authority—

(a) shall immediately give notice of that fact to the person on whom the notice was served and any other person who, since it was served, could have made an agreement under subsection (2B) of this section, and

(b) shall be liable to pay compensation to any person entitled to such a notice for any loss or expenses occasioned to him by the giving of the notice and its ceasing to have effect.

(2D) The amount of any compensation payable under subsection (2C) shall, in default of agreement, be determined by the [F4 Upper Tribunal].

(2E) Compensation payable to any person under subsection (2C) shall carry interest at the rate prescribed under section 32 of the Land Compensation Act 1961 from the date on which he was entitled to to be given notice under that subsection until payment.]

(3) Schedule 2 to this Act (which relates to absent or untraced owners) shall have effect for the purposes of this Act.

Textual Amendments

F1 S. 5(2ZA) inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 192(2), 216(3); S.I. 2018/251, reg. 4(c)

F2 S. 5(2A)-(2E) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 67; S.I. 1991/2067, art. 3.

F3 Words in s. 5(2A)(d) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 60 (with Sch. 5)

F4 Words in s. 5(2D) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 60 (with Sch. 5)

Modifications etc. (not altering text)

C1 Pt. 1 applied (with modifications) (29.8.2017) by The East Anglia THREE Offshore Wind Farm Order 2017 (S.I. 2017/826), art. 1, Sch. 6 para. 3(2)-9 (with arts. 36, 37, Sch. 8 para. 34)

C2 Pt. 1 applied (with modifications) (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 25, Sch. 5 paras. 4, 5

C3 Pt. 1 applied (with modifications) (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), art. 1(2), Sch. 5 paras. 4, 5

C4 Pt. 1 applied (with modifications) (1.5.2020) by The Riverside Energy Park Order 2020 (S.I. 2020/419), arts. 1, 29 (with art. 7)

C5 Pt. 1 applied (with modifications) (1.5.2020) by The Riverside Energy Park Order 2020 (S.I. 2020/419), art. 1, Sch. 8 paras. 4, 5 (with art. 7)

C6 Pt. 1 applied (with modifications) (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), art. 1, Sch. 12 paras. 4, 5

C7 Pt. 1 applied (with modifications) (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), arts. 1, 30

C8 Pt. 1 modified (22.7.2020) by The Norfolk Vanguard Offshore Wind Farm Order 2020 (S.I. 2020/706), arts. 1, 23 (with arts. 41, 42, Sch. 16 para. 66)

C9 S. 5: restricted by Housing Act 1985 (c. 68, SIF 61), ss. 305(2), 307