UK

What rights do I have if the council uses CPO powers on my property?

Full market val
Compensation basis
6 weeks
Objection deadline
1965
Governing Act year
s. 23
Key section
The Short Answer

If your property is acquired under a Compulsory Purchase Order (CPO), you have the right to fair compensation, to object before confirmation, and to challenge the CPO’s validity or necessity — all protected under the Compulsory Purchase Act 1965.

What the Law Says

The Compulsory Purchase Act 1965 sets out the core legal framework for how public authorities — including local councils — may acquire private land without the owner’s consent, provided it is for a public purpose. Section 23 is central to protecting affected owners’ rights.

Under the Act, a council must follow strict procedural steps before it can lawfully take your land. This includes publishing the CPO, notifying you personally, and allowing time for objections.

Crucially, you are entitled to be paid compensation that reflects the full market value of your property — plus, in some cases, additional payments for disturbance, severance, or injurious affection.

The council must also demonstrate that the acquisition is necessary for a function it is legally empowered to carry out — such as building infrastructure, housing, or regeneration.

Statutory Text

c. 56

Compulsory Purchase Act 1965, s. 23 — citation

What to Do

1

Check the CPO notice carefully — it must name you and describe your property accurately.

2

Submit written objections to the confirming authority (usually the Secretary of State) within 6 weeks of the CPO’s publication.

3

Seek independent valuation advice early — compensation is based on open market value as if sold voluntarily.

4

Consider applying for a hearing or inquiry if your objection raises material issues about necessity or fairness.

5

Consult a solicitor experienced in compulsory purchase — you may be eligible for costs recovery if your challenge succeeds.

Sources

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.