Assets Of Community Value - Help & Advice For PROPERTY Owners

Compensation Claim

Take the first step to claiming the compensation you deserve

Contact us now if you’d like to find out if you could claim compensation, or to start your claim.

When the government introduced the Asset of Community Value (Community Right to bid) as part of the Localism Act 2011, a core point of the legislation was to ensure that private property owners were compensated  for complying with the legislation and wrote regulation to ensure this did not happen. A government fund of £2,000 per claim was made available until 2015 to help local councils cover the cost of any claims.

Our research shows that despite this legislation very few property owners are aware that they are entitled to make a compensation claim. Those owners which do file a claim for compensation have a good chance of receiving compensation if the claim is submitted correctly.

All Owners Are Entitled To Compensation

The Assets of Community Value (England) Regulations 2012

Section 14 (2) – “At a time when the person was the owner of the land and the land was listed, incurred loss or expense in relation to the land which would be likely not to have been incurred if the land had not been listed.”

Loss or Expense

in relation to the land which would be likely not to have been incurred if the land had not been listed

Legal & Professional Charges

in direct relation to the ACV listing

Period of delay

period of delay in entering into a binding agreement to sell the land during the moratorium period

Direct costs

incurred by owners as a result of the delay in sale caused by the moratorium (e.g. additional maintenance, security and utility costs)

First-Tier Tribunal

reasonable legal expenses incurred in a successful appeal

Loss of Asset Value

As a direct result of the ACV listing. A number of cases are in the courts at present testing this type of claim. The largest was for £3.5 million.

0
Weeks Time Limit To Submit A Compensation Claim

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Why Choose Us

We handle everything for you from the initial claim which if unsuccessful we also deal with the internal review and first tier tribunal review if required.

Indepth knowledge

The Right To Bid legislation, which is part of the Localism Act 2011 , Chapter 5 Part 3. Commonly known as an Asset of Community Value is a highly contested piece of legislation often used for purposes other that the legislators intended.

We look at the bigger picture

As independent Asset of Community Value consultants we analyse how every local authority in England has interpreted this legislation with regards to compensation claims and use this to ensure a successful claim.

Compensation Claim Research

Responses Received
81.37%

83 Local authorities have so far responded out of the 102 we surveyed.

In February 2020 we sent freedom of information requests to a random sample of local councils in England to establish how aware property owners were as to the ability to claim compensation under the act and how successful claims had been since the legislation was introduced in 2012.

The results showed:

Compensation Claim Analysis

  • Legal Fees for challenging a ACV listing can be claimed back
  • VAT can not be claimed where the claimant is registered for VAT
  • Claims can be made within 13 weeks of the property being delisted following internal review decision date
  • Claims for loss in takings may be refused
  • Claims for fees in submitting compensation claim can be included in a compensation claim
  • The vast majority of owners do not know that they can claim compensation despite the legislation stating that they are entitled to compensation
0 %
Of Claims Made Were Successful
£ 0
Amount Paid (3 Claims)
£ 0
Compensation Claimed (3 Claims)
Local council's which had NOT received any claims for compensation
95.18%

83 councils that have responded so far and 4 councils have received a claim for compensation.

Statistics last updated 25/2/20

83 councils have responded so far out of 102 councils surveyed under freedom of information Act.

2016 - Miners Arms (East Riding of Yorkshire Council)

Successful Claim
£1,693.74 Claimed (£1,425.45 Paid)

Compensation claim was filed after the public house was successfully removed from the Asset of Community Value register after an internal review was requested by the owner and found the property did not meet the requirements of section 88(1).  

Legal expenses for the internal review and the compensation claim were submitted with supporting evidence as per regulation 14(5)(a).

Claim was successful, however the VAT element was deducted as owner was VAT registered and had already claimed the VAT back.

 

  • Initial Claim
  • Internal Review
  • First Tier Tribunal

The initial claim made to the local authority was successful.

201x - Lindon Centre (East Suffolk Council)

Successful Claim
£1,780.80 Claimed (£1,780.80 Paid)

The precise reason the claim is unknown as the council was not able to access as the information due to staff redevelopment due to the coronavirus pandemic. 

  • Initial Claim
  • Internal Review
  • First Tier Tribunal

The initial claim made to the local authority was successful.

201x - Public House (East Staffordshire Borough Council)

Successful Claim
Undisclosed Amount

The precise reason the claim is unknown as the council was not able to provide the full information request due to the large volume of personal information included by the claimant.

The claim was for a public house nominated for listing at the same time as it had been included in an auction sale and in all likelihood that sale would have resulted in a change of use and redevelopment of the property. The nomination and subsequent listing triggered first the interim moratorium and eventually the full moratorium and the property was eventually brought by a community group. The claim was for additional expenditure incurred from the date of the intended auction sale to the date of the eventual sale and it was settled on payment of an agreed sum made by the Council to the claimant.

  • Initial Claim
  • Internal Review
  • First Tier Tribunal

The initial claim made to the local authority was successful.

2014 - Wheatsheaf Inn (Carlisle City Council)

Successful Claim
£9,958.50 Claimed (£5,758.50 Paid)

The Wheatsheaf Inn’s had been sold and was weeks away from completion when the local parish council nominated the pub along with over 80 in the parishes area. The owners contacted the parish council as the listing had put the sale in jeopardy and a vote was taken to remove the listing the committee voted for the listing to remain. 

A compensation claim was filed for the legal fees for the lost sale and 50% loss in takings of the business. 

The claim was successful, however loss in takings claim was rejected.

 

  • Initial Claim
  • Internal Review
  • First Tier Tribunal

The initial claim made to the local authority was successful.

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