Fewer than 30% of landowners affected by compulsory purchase orders in the UK appoint a specialist valuation expert before engaging with the acquiring authority — a gap that routinely costs them tens of thousands of pounds in under-settled compensation. With the UK government accelerating road, rail, energy, and housing delivery programmes in 2026, the volume of CPO activity is rising sharply, and the stakes for landowners have never been higher. Understanding the role of compulsory purchase valuations as expert witness, and the RICS guidance for landowners in infrastructure projects, is no longer optional — it is essential to protecting your property rights and securing fair compensation.
Key Takeaways
- The RICS second edition professional standard, effective from December 2024, sets 21 mandatory competence requirements for surveyors advising on compulsory purchase matters.
- Landowners are entitled to compensation reflecting full market value, plus additional heads of claim including disturbance, severance, and injurious affection.
- Hope value — the potential development value of land — is one of the most contested and financially significant elements in CPO compensation calculations.
- Expert witness surveyors must comply with both RICS professional standards and the Civil Procedure Rules (CPR) Part 35 when presenting evidence before the Upper Tribunal (Lands Chamber).
- Early appointment of a qualified RICS surveyor dramatically improves outcomes for landowners facing infrastructure-related CPOs.
Understanding Compulsory Purchase Orders and Why Expert Valuation Matters
A compulsory purchase order (CPO) is a legal mechanism that allows public bodies — including Highways England, Network Rail, National Grid, and local authorities — to acquire private land or property without the owner's consent, provided the acquisition serves a defined public purpose. The acquiring authority must demonstrate that the CPO is justified, necessary, and proportionate. However, the legal right to acquire does not automatically translate into a fair financial settlement.
The compensation framework under UK law is rooted in the Land Compensation Act 1961 and the Compulsory Purchase Act 1965, as amended by subsequent legislation. The core principle is equivalence: a landowner should be left in no better and no worse financial position than if the CPO had not occurred. In practice, achieving equivalence requires rigorous, evidence-based valuation work carried out by a qualified expert.
The role of compulsory purchase valuations as expert witness in infrastructure projects has grown considerably in recent years. Major schemes such as the Lower Thames Crossing, East West Rail, and various National Highways road improvement programmes have generated significant volumes of compensation disputes, many of which have been referred to the Upper Tribunal (Lands Chamber) for determination. In these proceedings, the quality and credibility of expert valuation evidence is frequently the deciding factor.
For landowners, the practical implication is clear: appointing a RICS-qualified valuation expert at the earliest possible stage is the single most effective step toward securing fair compensation.
The Scale of Infrastructure Activity in 2026
The UK government's commitment to infrastructure delivery — including road widening schemes, new rail corridors, offshore energy connections, and large-scale housing allocations — means that CPO activity is expected to remain at elevated levels throughout 2026 and beyond [1]. RICS has explicitly acknowledged this trend, noting that the increased use of compulsory purchase powers makes adherence to professional standards more critical than ever [2]. Landowners who are unprepared, or who rely solely on the acquiring authority's valuation, consistently achieve lower compensation outcomes.
The RICS Professional Standard: What Surveyors Must Know
In November 2024, RICS published the second edition of "Surveyors Advising in Respect of Compulsory Purchase and Statutory Compensation," which became effective on 23 December 2024 [4]. This document is a mandatory professional standard — not guidance — meaning all RICS members advising on CPO matters must comply with its requirements or risk disciplinary action.
The 21 Mandatory Competence Requirements
The updated standard outlines 21 mandatory professional behaviour and competence expectations for members working in compulsory purchase [4]. These cover:
| Competence Area | Key Requirement |
|---|---|
| Independence and impartiality | Surveyors acting as expert witnesses must prioritise the tribunal's interests above those of the instructing client |
| Disclosure obligations | Full disclosure of all material facts, including adverse evidence |
| Valuation methodology | Use of recognised methods consistent with RICS Valuation — Global Standards (Red Book) |
| Comparable evidence | Rigorous analysis and adjustment of comparable transactions |
| Hope value assessment | Transparent methodology for calculating development potential |
| Disturbance and consequential losses | Comprehensive assessment of all compensatable heads of claim |
The standard makes explicit that surveyors advising landowners must maintain the same level of rigour and objectivity as those advising acquiring authorities. This symmetry is fundamental to the integrity of the CPO compensation process [4].
Expert Witness Duties Under CPR Part 35
When compulsory purchase valuations proceed to the Upper Tribunal (Lands Chamber), expert witnesses are bound by the Civil Procedure Rules Part 35. The key obligations include:
- Overriding duty to the court: The expert's primary duty is to assist the tribunal, not to advocate for the instructing party.
- Written declaration: Every expert report must include a signed declaration confirming independence and compliance with CPR Part 35.
- Basis of opinion: All valuation opinions must be clearly explained, with the reasoning set out in sufficient detail for the tribunal to evaluate them.
- Joint statements: Experts for opposing parties are typically required to meet, agree points of common ground, and produce a joint statement identifying remaining areas of dispute.
Failure to comply with these requirements can result in expert evidence being given reduced weight — or excluded entirely. For landowners, this underscores the importance of instructing a surveyor with specific experience in expert witness work, not merely general valuation practice.
The RICS CPO Expert Working Group and Training Updates
RICS has established a dedicated CPO Expert Working Group comprising eleven specialist professionals. This group is currently updating the specialist CPO training available through an e-learning package, with the revised content anticipated to be live in early 2025 [3]. The existence of this group reflects the technical complexity of CPO work and the need for continuous professional development in this area.
Preparing Expert Evidence: Hope Value, Heads of Claim, and Negotiation Tactics
The practical preparation of expert valuation evidence for a CPO compensation claim is a multi-stage process. Each stage requires specific technical skills, and errors or omissions at any point can significantly reduce the compensation ultimately awarded.
Calculating Market Value and Hope Value
The starting point for any CPO compensation assessment is the market value of the land or property taken, assessed as at the valuation date (typically the date of the Notice to Treat or General Vesting Declaration). Market value is defined under the Land Compensation Act 1961, Rule 2, as the amount the land might be expected to realise if sold in the open market by a willing seller.
Hope value is one of the most financially significant and contested elements in CPO compensation. It represents the additional value a hypothetical purchaser in the open market would pay, reflecting the prospect — even if uncertain — that the land might be granted planning permission for a more valuable use in the future. The key legal principle, established in cases such as Fletcher Estates (Harlescott) Ltd v Secretary of State for the Environment [2000], is that hope value must be assessed on the basis of what the market would actually pay, stripped of any scheme-related uplift or depreciation.
For land affected by major infrastructure projects, hope value calculations require:
- Analysis of the local planning policy context
- Assessment of comparable land transactions in unaffected areas
- Expert opinion on the probability and timing of planning consent
- Adjustment for the "no-scheme world" assumption under the Pointe Gourde principle
A commercial valuation specialist with CPO experience will be able to construct a defensible hope value assessment that withstands cross-examination at tribunal.
The Full Range of Compensatable Heads of Claim
Market value is rarely the only head of claim available to landowners. A comprehensive compensation claim should consider:
Disturbance losses — Costs incurred as a direct consequence of displacement, including:
- Removal and relocation costs
- Loss of profits for businesses
- Temporary accommodation costs
- Professional fees (surveyor, solicitor, accountant)
Severance — Where only part of a landowner's holding is acquired, the diminution in value of the retained land caused by the severance itself.
Injurious affection — Reduction in value of the retained land caused by the construction or use of the infrastructure scheme, even where that land is not physically acquired.
Disturbance of agricultural operations — For farming landowners, this may include crop loss, livestock disturbance, and loss of agricultural subsidies during the period of disruption.
Basic loss payment and occupier's loss payment — Statutory payments available under the Planning and Compulsory Purchase Act 2004, calculated as a percentage of the market value of the interest acquired.
"Compensation must reflect the market value of the property or land, with potential additional payments for losses incurred, ensuring property owners are fairly compensated." — RICS, May 2026 [2]
Negotiation Tactics Against Acquiring Authorities
The majority of CPO compensation claims are settled by negotiation, without proceeding to the Upper Tribunal. However, the prospect of tribunal proceedings — and the quality of the expert evidence that would be presented there — fundamentally shapes the negotiating dynamic.
Effective negotiation tactics for landowners' surveyors include:
- Serve a detailed claim early: A well-evidenced, comprehensive claim submitted promptly signals competence and puts the acquiring authority on the back foot.
- Challenge the authority's valuation assumptions: Acquiring authorities frequently use conservative assumptions on hope value, comparable evidence, and disturbance losses. Each assumption should be interrogated and, where appropriate, disputed with counter-evidence.
- Use the advance payment mechanism: Under the Land Compensation Act 1973, landowners are entitled to an advance payment of 90% of the acquiring authority's estimate of compensation. Claiming this promptly improves cash flow and demonstrates engagement.
- Engage in without-prejudice discussions: These allow both parties to explore settlement positions without prejudicing their formal positions if negotiations fail.
- Consider the RICS ADR service: RICS provides an Alternative Dispute Resolution service specifically designed to resolve CPO compensation disputes without litigation [3]. This can be a cost-effective route to settlement where the gap between parties is not extreme.
The Importance of Early Engagement
RICS guidance published in May 2026 emphasises that acquiring authorities must contact affected parties early, providing comprehensive information about the project, proposed mitigation measures, and the compensation process [2]. Landowners who engage proactively — appointing a qualified surveyor before the CPO is confirmed — are consistently better placed to:
- Influence the scheme design to reduce the impact on their land
- Gather and preserve evidence of pre-scheme values
- Identify and quantify all compensatable heads of claim
- Negotiate from a position of informed strength
A chartered surveyor with CPO experience can also advise on whether a property should be the subject of a blight notice — a mechanism allowing landowners to compel the acquiring authority to purchase their property before the CPO is formally confirmed, where the threat of acquisition has already affected market value.
Practical Lessons from Recent UK Infrastructure Cases
Recent road and rail projects have generated instructive precedents for both surveyors and landowners:
- National Highways road improvement schemes (including A303 Stonehenge and A358 Taunton to Southfields) have involved complex hope value disputes where land previously allocated for residential development was acquired at values significantly below what landowners considered fair. Expert witness evidence on planning probability has been central to these disputes.
- East West Rail has generated numerous severance and injurious affection claims from agricultural landowners in Oxfordshire and Cambridgeshire, where the physical division of farm holdings by the new rail corridor has had material operational consequences.
- National Grid electricity transmission projects have raised novel questions about the interaction between CPO compensation and biodiversity net gain requirements, an area where specialist valuation input is increasingly important.
In each of these contexts, the quality of the expert valuation evidence — and the surveyor's ability to present and defend that evidence under cross-examination — has been the primary determinant of compensation outcomes.
Landowner Rights and the RICS Consumer Guide
In May 2026, RICS published a dedicated consumer guide to assist property owners and occupiers in England, Wales, and Scotland who are affected by CPOs [2]. The guide covers:
- How the CPO process works from notification to completion
- The rights of landowners and occupiers at each stage
- How to engage effectively with the acquiring authority
- The importance of appointing qualified professional advisers
- How compensation is calculated and what it should include
RICS also operates a helpline providing impartial expert advice from certified professionals on compulsory purchase matters [3]. This is a valuable first port of call for landowners who have received notification of a proposed CPO and are uncertain about their rights or next steps.
For landowners whose properties may also be subject to planning-related tax implications following a CPO settlement — including capital gains arising from a deemed disposal — specialist advice on capital gains tax valuation is an important complementary consideration.
Where the acquired property forms part of an estate, probate valuation may also be relevant, particularly where the death of a landowner occurs during protracted CPO proceedings and the compensation claim passes to executors or beneficiaries.
Conclusion
Compulsory purchase valuations as expert witness in infrastructure projects represent one of the most technically demanding and financially consequential areas of surveying practice. The updated RICS professional standard, effective from December 2024, has raised the bar for all practitioners in this field, establishing 21 mandatory competence requirements and reinforcing the overriding duty of expert witnesses to the tribunal [4]. With UK infrastructure investment accelerating through 2026 and beyond, landowners face an environment in which the quality of their professional representation will directly determine whether they receive fair compensation or fall short of their entitlement.
Actionable Next Steps for Landowners
- Act immediately upon notification: Do not wait for the CPO to be confirmed before appointing a specialist surveyor. Early engagement protects evidence and maximises options.
- Appoint a RICS-qualified expert with specific CPO experience: General valuation experience is not sufficient. Look for a surveyor who has prepared expert witness reports and appeared before the Upper Tribunal (Lands Chamber).
- Document everything: Maintain detailed records of pre-scheme land use, income, planning history, and any communications with the acquiring authority.
- Claim all compensatable heads: Ensure your surveyor considers market value, hope value, disturbance, severance, injurious affection, and statutory loss payments.
- Consider ADR before tribunal: The RICS Alternative Dispute Resolution service can resolve disputes more quickly and cost-effectively than formal proceedings.
- Take tax advice in parallel: CPO compensation settlements can trigger capital gains tax liabilities; specialist tax valuation advice should be obtained alongside the compensation claim.
Landowners who approach the CPO process with qualified expert support, a comprehensive understanding of their rights, and a well-evidenced compensation claim are consistently better positioned to achieve outcomes that genuinely reflect the principle of equivalence — leaving them no worse off than if the acquisition had never taken place.
References
[1] Updated CPO Standard – https://ww3.rics.org/uk/en/journals/land-journal/updated-cpo-standard.html?utm_source=openai
[2] With Infrastructure On The Rise, New RICS Compulsory Purchase Guide Published To Inform Property Owners – https://www.rics.org/news-insights/with-infrastructure-on-the-rise–new-rics-compulsory-purchase-guide-published-to-inform-property-owners?utm_source=openai
[3] Compulsory Purchase – https://www.rics.org/profession-standards/rics-standards-and-guidance/sector-standards/land-standards/compulsory-purchase?utm_source=openai
[4] Surveyors Advising In Respect Of Compulsory Purchase And Statutory Compensation UK – https://www.rics.org/profession-standards/rics-standards-and-guidance/sector-standards/land-standards/surveyors-advising-in-respect-of-compulsory-purchase-and-statutory-compensation-uk?utm_source=openai
[5] Surveyors Advising In Respect Of Compulsory Purchase (September 2024) – https://www.rics.org/content/dam/ricsglobal/documents/standards/Surveyors-advising-in-respect-of-compulsory-purchase_sept2024.pdf?utm_source=openai
