Law Commission seeks views on compulsory purchase laws

Today the Law Commission publishes a consultation paper on compulsory purchase, as part of a review of the current law on compulsory purchase and compensation.

The consultation paper and summary are available and a Welsh version of the summary.

Compulsory purchase is a legal mechanism by which certain bodies can acquire land for the public good without the consent of the owner. Landowners also have a right to compensation. The ability to purchase land using compulsory powers is crucial for large-scale infrastructure projects. These powers are also needed for regenerating towns, cities, and providing housing.

The law of compulsory purchase in England and Wales is fragmented, hard to access and in need of modernisation. In the early 2000s, this led to a three-year project by the Law Commission, Towards a Compulsory Purchase Code, which resulted in the publication of two reports dealing with compensation and procedure respectively. This consultation paper builds on these reports, whilst taking account of the piecemeal reforms which have since been made to the law. It seeks views on ways in which to simplify, consolidate and modernise the law. It also looks at technical changes that may be needed to make the law work better.

Commissioner for Public Law, Professor Alison Young, said:  

“Compulsory purchase is an important means through which to deliver infrastructure and development projects. However, the law is complex and inaccessible. It is important to ensure that the law is clear and up to date. We would encourage anyone who has knowledge or experience in this area to give us their views on our questions and provisional proposals.”

The Commission is seeking views from anyone with an interest in or awareness of this area. Find out more on the compulsory purchase project page. The consultation is open until Monday 31 March 2025.