2023 No. 803

Acquisition Of Land, EnglandCompensation

The Home Loss Payments (Prescribed Amounts) (England) Regulations 2023

Made

Laid before Parliament

Coming into force

The Secretary of State makes these Regulations in exercise of the powers conferred by section 30(5) of the Land Compensation Act 19731.

Citation, commencement, extent and application1

1

These Regulations may be cited as the Home Loss Payments (Prescribed Amounts) (England) Regulations 2023 and come into force on 1st October 2023.

2

These Regulations extend to England and Wales and apply in relation to cases of displacement2 in England only.

Revision of prescribed amounts for home loss payment2

1

This regulation applies where the date of displacement is on or after 1st October 2023.

2

For the purposes of section 30(1) of the Land Compensation Act 1973—

a

the prescribed maximum amount of home loss payment3 is £81,000; and

b

the prescribed minimum amount of home loss payment is £8,100.

3

For the purposes of section 30(2) of the Land Compensation Act 1973, the prescribed amount of home loss payment is £8,100.

Revocation and savings3

1

Subject to paragraph (2), the Home Loss Payments (Prescribed Amounts) (England) Regulations 20224 are revoked.

2

The Regulations mentioned in paragraph (1) are to continue to have effect in relation to a displacement occurring before 1st October 20235.

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Dehenna DavisonParliamentary Under Secretary of StateDepartment for Levelling Up, Housing and Communities
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the maximum and minimum amount of home loss payments payable in England under section 30(1) of the Land Compensation Act 1973 (c. 26) (the “Act”) and the amount payable under section 30(2) of the Act.

A person is entitled to a home loss payment when they are displaced from a dwelling on any land in consequence of the compulsory acquisition of an interest in that dwelling or in the other circumstances specified in section 29 of the Act, subject to the terms of that section. Section 30 of the Act specifies the amount of home loss payment in each case.

Section 30(1) of the Act provides that in cases where a person occupying (or treated as occupying) a dwelling on the date of displacement has an owner’s interest (being the interest of a person who is an owner as defined in section 7 of the Acquisition of Land Act 1981 (c. 67)), the amount of the home loss payment is calculated as a percentage of the market value of the interest, subject to a maximum and minimum amount.

Section 30(2) of the Act specifies the amount of the home loss payment in any other case.

Regulation 2(2)(a) of these Regulations increases the maximum amount of home loss payment under section 30(1) of the Act from £78,000 to £81,000, and regulation 2(2)(b) increases the minimum amount from £7,800 to £8,100.

Regulation 2(3) increases the amount of home loss payment under section 30(2) of the Act from £7,800 to £8,100.

The revised amounts apply where the date of displacement is on or after 1st October 2023.

Regulation 3 revokes, with savings, the Home Loss Payments (Prescribed Amounts) (England) Regulations 2022 (S.I. 2022/793).

An impact assessment has not been produced for these Regulations as they put into effect an uprating in line with house price inflation.

The Explanatory Memorandum will be published alongside the instrument on www.legislation.gov.uk.