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Section 9: Acquisition of land

Housing and Regeneration Act 2008 · 2008 c. 17View on legislation.gov.uk

Part 1: The Homes and Communities Agency — Chapter 2: Land and infrastructure

The HCA may acquire land by agreement.

The HCA may acquire land compulsorily if the Secretary of State authorises it to do so.

The power of acquiring land compulsorily under subsection (2) includes power to acquire new rights over land.

Subsection (5) applies where—

land or new rights over land are being acquired compulsorily under subsection (2), and
the land which is being acquired, or over which new rights are being acquired, forms part of a common, open space or allotment.

The power under subsection (2) to acquire land compulsorily includes the power to acquire land compulsorily for giving in exchange for the land or (as the case may be) new rights mentioned in subsection (4)(a).

Schedule 2 (which makes further provision in relation to the acquisition of land by the HCA) has effect.

In this Part—

  • "allotment" means a fuel or field garden allotment,

  • "common" has the meaning given by section 19(4) of the Acquisition of Land Act 1981 (c. 67),

  • "open space" means any land which is—

    (a)laid out as a public garden,

    (b)used for the purposes of public recreation, or

    (c)a disused burial ground.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.