Ansons Solicitors serves first HS2 blight notice

9th August 2013

Less than a week after the announcement by the Government that Phase 1 of the HS2 route has been safeguarded, Ansons Solicitors planning and environmental team has successfully served its first HS2 blight notice on behalf of a client.

Neil Faunch, explains who within the HS2 safeguarded area could benefit from serving a blight notice and what they would be entitled to.

Statutory blight notice

A blight notice is a request for the Secretary of State for Transport to buy property within the safeguarded area prior to it being needed for construction. To be eligible to serve a blight notice property owners must, at the date of service, be: 

  • owner/occupiers of private residential property situated wholly or partly within the safeguarded area and have been resident or owned and lived in it as their main residence for at least the last six months; or
  • owner/occupiers of freehold or long leasehold business premises with an annual rateable value not exceeding £34,800 which are situated wholly or partly within the safeguarded area. The premises must have been owned for at least six months and have operated a business there throughout; or
  • owner/occupiers of agricultural units (which must include a dwelling house) which are situated wholly or partly within the safeguarded area and which must have been owned for at least the last six months.  

In addition to the above, a property owner must have made ‘reasonable endeavours’ to sell the property. Evidence of your attempts to sell must be included with the blight notice and the evidence required will vary in each case. However, as a minimum you must have marketed your property for sale and provide details of any responses received.


The Secretary of State has two months from the date of service of the blight notice to indicate whether it is accepted or rejected. If accepted, the property will be purchased by the Secretary of State and the owner will be entitled to compensation equivalent to: 

  • the value of the un-blighted land taken;
  • severance and injurious affection (a payment if only part of the property needs to be purchased) ;
  • disturbance (i.e. removal costs)
  • reasonable surveying and legal fees. 

Ansons Solicitors has extensive expertise in compulsory purchase matters having represented many property owners along the route of the M6 Toll Road and the West Coast Main Line. If your property is in the HS2 safeguarded area or if you want to know more about compulsory purchase matters contact Neil Faunch in the Ansons planning and environmental law team on 01543 263456 or by email at