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Section 204: Compensation for overridden easements etc

Housing and Planning Act 2016 · 2016 c. 22View on legislation.gov.uk

Part 7: Compulsory purchase etc

A person is liable to pay compensation for any interference with a relevant right or interest or breach of a restriction that is authorised by section 203 (1)(a) or (b)(i) or (4)(a) or (b)(i).

But a person is not liable to pay compensation under this section for breaching an obligation under a conservation covenant.

The compensation is to be calculated on the same basis as compensation payable under sections 7 and 10 of the Compulsory Purchase Act 1965.

Where a person other than a specified or qualifying authority is liable to pay compensation under this section but has not paid—

the liability is enforceable against the authority, but
the authority may recover from that person any amount it pays out.

The authority against which a liability is enforceable by virtue of subsection (3)(a) is—

where the land to which the compensation relates was vested in or acquired by a company through which the Greater London Authority exercises or has exercised functions in relation to housing or regeneration, the Greater London Authority,
where the land was vested in or acquired by a company through which Transport for London exercises or has exercised any of its functions, Transport for London, or
in all other cases, the specified or qualifying authority in which the land was vested, or by which the land was acquired or appropriated.

Any dispute about compensation payable under this section may be referred to and determined by the Upper Tribunal.

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.