Compulsory Purchase (Vesting Declarations) Act 1981

[F1PART 1E+WCounter-notice requiring purchase of additional land

Textual Amendments

1(1)This Schedule applies where an acquiring authority have executed a general vesting declaration in respect of part only of a house, building or factory.E+W

(2)But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface).

2E+WA person able to sell the whole of the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner's interest in the whole.

3E+WA counter-notice under paragraph 2 must be served before the end of the period of 28 days beginning with the day the owner first had knowledge of the general vesting declaration.

4E+WIn a case where this Schedule applies by virtue of a general vesting declaration executed after a counter-notice has been served under paragraph 4 or 17 of Schedule 2A to the Compulsory Purchase Act 1965, that counter-notice is to have effect as a counter-notice served under this Schedule.

5[F2(1)] In this Schedule—E+W

  • “additional land” means the part of the house, building or factory not specified in the general vesting declaration;

  • “house” includes any park or garden belonging to a house;

  • “land proposed to be acquired” means the part of the house, building or factory specified in the general vesting declaration;

  • “notice to treat” means a notice to treat deemed to have been served under section 7(1);

  • “original vesting date” is [F3, subject to sub-paragraph (2)] the first day after the end of the period specified in the general vesting declaration in accordance with section 4(1).

[F4(2)If an agreement under section 8A is in force in respect of the interest which gives the owner the ability to sell the land proposed to be acquired, the “original vesting date” is the date on which the interest is to vest as a result of the agreement.]]

Textual Amendments

F2Words in Sch. A1 para. 5 renumbered as Sch. A1 para. 5(1) (31.1.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 186(6)(a), 255(7) (with s. 247); S.I. 2024/92, reg. 2(m) (with reg. 6(2))

F3Words in Sch. A1 para. 5(1) inserted (31.1.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 186(6)(b), 255(7) (with s. 247); S.I. 2024/92, reg. 2(m) (with reg. 6(2))