## COUNTER-NOTICE REQUIRING PURCHASE OF LAND 

## “SCHEDULE 2A 

## Introduction 

1.  This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory. 

2.  In this Schedule, “house” includes any park or garden belonging to a house. 

## Counter-notice requiring purchase of land 

3.  A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner’s interest in the house, building or factory. 

4.  A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. 

## Response to counter-notice 

5.  On receiving a counter-notice, the acquiring authority must decide whether to— 

(a) withdraw the notice to treat, 

(b) accept the counter-notice, or 

(c) refer the counter-notice to the Upper Tribunal. 

6.  The acquiring authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). 

7.  If the acquiring authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. 

8.  If the acquiring authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. 

9.  If the acquiring authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. 

## Determination by Upper Tribunal 

10.  On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right would— 

(a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or 

(b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. 

11.  In making its determination, the Upper Tribunal must take into account— 

(a) the effect of the acquisition of the right, 

(b) the proposed use of the right, and 

(c) if the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. 

