Can You Refuse a Compulsory Purchase Order?

What is a Compulsory Purchase Order?

A CPO is a legal tool that allows certain public bodies — such as local authorities, utility companies or Highways England — to acquire property or land without the owner's consent if it’s deemed necessary for a project that benefits the public, such as road widening, rail improvements or housing regeneration.

Can You Legally Refuse a CPO?

In short: you can object, but you cannot outright refuse a CPO once it has been confirmed. However, you do have rights, and there are important stages in the process where you can challenge or delay it.

1. Pre-confirmation: Objecting to the CPO

If you receive notice of a proposed compulsory purchase, you have the right to submit a formal objection. This must be made to the Secretary of State within the stated deadline (usually 21 days). If enough objections are raised, a Public Inquiry may be held.

This is your chance to:

• Challenge the necessity of the scheme

• Argue that your land is not essential

• Raise planning, environmental or business objections

It’s crucial at this stage to seek professional advice. At Olden Property, we often act for claimants to prepare detailed representations or appear at inquiries.

2. Post-confirmation: Negotiation, Compensation and Possession

Once confirmed, you can’t refuse the CPO. But you still have rights, including:

• Negotiating the compensation you are entitled to

• Seeking relocation support or alternative accommodation

• Making claims for disturbance, home loss payments, and business losses

If you don't voluntarily sell, the acquiring authority will move to take possession via a General Vesting Declaration (GVD) or a Notice to Treat, both of which trigger the legal acquisition process.

What Are Your Compensation Rights?

Under the Land Compensation Act 1973 and related legislation, you are entitled to:

• Market value of the property

• Home Loss Payment (if you’ve lived there for 12+ months under an assured tenancy or freehold)

• Disturbance compensation (removal costs, temporary accommodation, etc.)

• Professional fees (surveyor and legal costs)

We work with clients across London, the South East and wider UK to ensure that every eligible pound is claimed and that the valuation reflects the true worth of the property or business loss.

Is There a Way to Avoid a CPO Altogether?

Sometimes. If the acquiring authority can be persuaded that your property isn’t needed or there is a viable alternative they may agree to exclude it. This is rare, but not impossible.

Where appropriate, strategic engagement before the CPO is made can sometimes influence outcomes, particularly on smaller schemes.

Final Thoughts

While you cannot simply refuse a Compulsory Purchase Order, you are not powerless. You can object, negotiate, and claim appropriate compensation. With the right professional advice, it’s possible to protect your interests, secure a fair deal, and minimise the disruption.

At Olden Property, we specialise in CPO compensation, objection strategy and valuation support. If you're facing a potential CPO in London, Kent or anywhere across the UK, don’t wait until it’s too late - get in touch for early advice.