Appeal a listed building consent decision

When you can appeal

Your local planning authority makes decisions about listed building consent applications. You can appeal a decision if either:

you disagree with it

the decision was not made within 8 weeks (13 weeks for a major development, for example 10 or more dwellings or a building of more than 1,000 square metres)

There’s no fee for appealing.

Only the person who made the application can appeal. If you did not apply, you can comment on an appeal instead.

Deadline for appealing

You must appeal within 6 months of either:

the date of the decision

when the decision was due, if you did not get one within 8 weeks (13 weeks for a major development)

When you can expect a decision

You’ll get a decision once your appeal is validated.

How to appeal

Because of coronavirus (COVID-19), you cannot currently appeal by post. You can still appeal to the Planning Inspectorate online.

If you want to appeal more than one decision you must make a separate appeal for each.

You also need to send a copy of your appeal and your supporting documents to your local planning authority. The Planning Inspectorate will tell you how to do this.

Documents you must provide

You must submit:

a copy of your listed building consent application form and all documents you sent with your application

a copy of the site ownership certificate

site plans

any correspondence with your local planning authority

any other documents that directly support your appeal, for example boundary maps

You can upload these documents when you appeal.

Comment on an appeal

Anyone can comment on a listed building consent appeal. Find the case on the appeals casework portal. The deadline for comments is 5 weeks after the start date of the appeal.

Your local planning authority must tell anyone who has commented on the application (‘interested parties’) that there’s an appeal. They have to do this within 5 working days of the appeal being started by the Planning Inspectorate.

Read the detailed guidance about taking part in an appeal.

After you appeal

The Planning Inspectorate will check your appeal to make sure it’s valid. They’ll tell you what happens next and how long your appeal may take.

The Planning Inspectorate will then consider your appeal. Check how long planning appeal decisions normally take.

If anyone behaves unreasonably

You can apply for an ‘award of costs’ if anyone involved in your appeal has cost you money by behaving unreasonably, for example missing deadlines. You can have costs awarded against you too.

You can complain about how the Planning Inspectorate handled your appeal. There’s no time limit for complaints.

If you disagree with the appeal decision

You can challenge the decision in the High Court if you think the Planning Inspectorate made a legal mistake.

Get advice from a lawyer if you’re unsure about this.


Appeal a minor commercial development decision

When you can appeal

Your local planning authority makes decisions on applications about minor commercial developments, for example ground floor alterations like shop fronts and security shutters.

You can appeal a minor commercial development decision if you disagree with it.

There’s no fee for appealing.

Only the person who made the application can appeal.

Deadline for appealing

You must appeal within 12 weeks of the date on the decision notice from your local planning authority.

The deadline’s earlier if you’ve received an enforcement notice - you must appeal within 28 days of the notice.

How to appeal

Because of coronavirus (COVID-19), you cannot currently appeal by post. You can still appeal to the Planning Inspectorate online.

If you want to appeal more than one decision you must make a separate appeal for each.

You also need to send a copy of your appeal, including all the supporting documents, to your local planning authority. The Planning Inspectorate will tell you how to do this.

Documents you must provide

You’ll need to submit copies of:

your original application

the site ownership certificate

the local planning authority’s decision notice

You’ll also need to submit:

a map of the surrounding area

any other documents that directly support your appeal, for example your grounds for appeal

You can upload these documents when you appeal.

Comment on an appeal

No-one can comment on a minor commercial development decision appeal.

Your local planning authority must tell anyone who has commented on the original application (‘interested parties’) that there’s an appeal.

They have to do this within 5 working days of the appeal being started by the Planning Inspectorate.

Read the detailed guidance about taking part in an appeal.

After you appeal

The Planning Inspectorate will check your appeal to make sure it’s valid. They’ll tell you what happens next and how long your appeal may take.

The Planning Inspectorate will then consider your appeal. Check how long planning appeal decisions normally take.

If anyone behaves unreasonably

You can apply for an ‘award of costs’ if anyone involved in your appeal has cost you money by behaving unreasonably, for example missing deadlines. You can have costs awarded against you too.

You can complain about how the Planning Inspectorate handled your appeal. There’s no time limit for complaints.

If you disagree with the appeal decision

You can challenge the decision in the High Court if you think the Planning Inspectorate made a legal mistake.

Get advice from a lawyer if you’re unsure about this.


Appeal a planning decision

When you can appeal

Your local planning authority makes decisions on planning applications.

You can appeal a planning decision if either:

you disagree with it

the decision was not made within 8 weeks (13 weeks for a major development, such as 10 or more dwellings or a building of more than 1,000 square metres)

There’s a different process to appeal a householder planning decision for a smaller project like an extension, conservatory or loft conversion.

There’s no fee for appealing.

Only the person who made the application can appeal. If you did not apply, you can comment on an appeal instead.

Deadline for appealing

If you disagree with a decision, you must appeal within 6 months of the date on the decision notice from your local planning authority.

If they did not make a decision within 8 weeks, you can appeal up to 6 months after the decision was due.

The deadline’s earlier if you’ve received an enforcement notice - you must appeal within 28 days of the notice.

When you can expect a decision

You’ll get a decision once your appeal is validated.

How to appeal

Because of coronavirus (COVID-19), you cannot currently appeal by post. You can still  appeal to the Planning Inspectorate online.

If you want to appeal more than one decision you must make a separate appeal for each.

You need to send a copy of your appeal, including all the supporting documents, to your local planning authority. The Planning Inspectorate will tell you how to do this.

Documents you must provide

You’ll need to submit copies of:

your original application

the site ownership certificate

the local planning authority’s decision notice - if they did not make a decision, submit a copy of the letter acknowledging your application

all plans, drawings and documents you sent to the local planning authority

You’ll also need to submit:

a map of the surrounding area

any other documents that directly support your appeal, for example your full statement of case

You can upload these documents when you appeal.

Comment on an appeal

Anyone can comment on a planning appeal. Find the case on the appeals casework portal.

The deadline for comments is 5 weeks after the start date of the appeal, or 6 weeks after the date on the local planning authority’s enforcement notice.

Your local planning authority must tell anyone who has commented on the original application (‘interested parties’) that there’s an appeal.

They have to do this within 5 working days of the appeal being started by the Planning Inspectorate.

Read the detailed guidance about taking part in an appeal.

After you appeal

The Planning Inspectorate will check your appeal to make sure it’s valid. They’ll tell you what happens next and how long your appeal may take.

The Planning Inspectorate will then consider your appeal. Check how long planning appeal decisions normally take.

If anyone behaves unreasonably

You can apply for an ‘award of costs’ if anyone involved in your appeal has cost you money by behaving unreasonably, for example missing deadlines. You can have costs awarded against you too.

You can complain about how the Planning Inspectorate handled your appeal. There’s no time limit for complaints.

If you disagree with the appeal decision

You can challenge the decision in the High Court if you think the Planning Inspectorate made a legal mistake.

Get advice from a lawyer if you’re unsure about this.


Appeal an enforcement notice

When you can appeal

Your local planning authority may send you an enforcement notice if you’ve built or changed something without planning permission.

You can appeal against an enforcement notice if you own, rent or lawfully occupy the property or land it applies to.

Anyone can comment on an appeal.

There’s no fee for appealing, unless you also apply for planning permission.

Deadline for appealing

Your appeal must be received before the date the enforcement notice takes effect.

When you can expect a decision

You’ll get a decision once your appeal is validated.

How to appeal

Because of coronavirus (COVID-19), you cannot currently appeal by post. You can still appeal to the Planning Inspectorate online.

If you want to appeal more than one enforcement notice you must make a separate appeal for each. Each person should appeal separately.

You also need to send a copy of your appeal, including all the supporting documents, to your local planning authority. The Planning Inspectorate will tell you how to do this.

Documents you must provide

You’ll need to submit:

a copy of your enforcement notice

a plan (if there is one)

any other documents that directly support your appeal, for example your grounds for appeal

You can upload these documents when you appeal.

Comment on an appeal

Anyone can comment on an enforcement notice appeal. Find the case on the appeals casework portal.

The deadline for comments is 6 weeks after the start date of the appeal.

Read the detailed guidance about taking part in an appeal.

After you appeal

The Planning Inspectorate will check your appeal to make sure it’s valid. They’ll tell you the start date, what happens next and how long your appeal may take.

The Planning Inspectorate will then consider your appeal. Check how long planning appeal decisions normally take.

If anyone behaves unreasonably

You can apply for an ‘award of costs’ if anyone involved in your appeal has cost you money by behaving unreasonably, for example missing deadlines. You can have costs awarded against you too.

You can complain about how the Planning Inspectorate handled your appeal. There’s no time limit for complaints.

If you disagree with the appeal decision

You can challenge the decision in the High Court if you think the Planning Inspectorate made a legal mistake.

Get advice from a lawyer if you’re unsure about this.


Organising a street party

Telling your local council

Street parties on quiet streets that don’t affect the wider road network count as small events. If you’re planning a small event for neighbours, apply to hold a street party through your local council.

Tell your council about your event 4 to 12 weeks before it happens.

Tell your council:

the date and time of the party or event

whether or not you want to close a road or section of road, and its name

if the road is part of a bus route or used by through traffic

a list of any properties or businesses affected

if you’ve consulted neighbours

Smaller events

You don’t have to tell the council if you hold a smaller event.

Closing a road

You’ll need to get permission from your local council to close a road. Some local councils will lend you signs and cones, or you can hire or buy signs. The Street Party site gives advice on road closures.

Make sure that the emergency services can still get down the street if they need to.

If your party is on a bus route, the bus company will want to know about it in advance.

Some councils will contact emergency services and transport providers for you, but others expect you to do it.

Licences

Alcohol and food

A licence isn’t needed if you’re going to provide alcohol for free at your event.

To sell alcohol you’ll need a ‘temporary events notice’ which costs £21. You can get one from your local council.

Food can be served and sold up to 11pm without a licence. If you want to serve or sell it after 11pm, contact your council.

You don’t need a licence to give alcoholic beverages away as prizes, like a bottle of champagne for a winning raffle ticket, but there are rules about what can be given away. Contact your council for more information.

Music

You don’t need a music licence, whether the music is live or prerecorded, as long as your street party is a private party for residents and you haven’t advertised the music to make money or attract people.

Raffles and tombolas

Gambling regulations don’t apply if tombola or raffle tickets are sold on the day and the prizes aren’t worth more than £500 in total.

If tickets are sold in advance or your prizes are worth more than £500 contact your local council as you might have to register your raffle as a lottery.


Understand how your council works

Types of council

This guide relates to councils in England. Find information about councils in Scotland, Wales and Northern Ireland.

Many parts of England have 2 tiers of local government:

county councils

district, borough or city councils

In some parts of the country, there’s just 1 (unitary) tier of local government providing all the local services. The 3 main types are:

unitary authorities in shire areas

London boroughs

metropolitan boroughs

County councils

These are responsible for services across the whole of a county, like:

education

transport

planning

fire and public safety

social care

libraries

waste management

trading standards

District, borough and city councils

These cover a smaller area than county councils. They’re usually responsible for services like:

rubbish collection

recycling

Council Tax collections

housing

planning applications

Unitary authorities and London and metropolitan boroughs

In some parts of the country, 1 tier of local government provides all the local services listed above.

In London and metropolitan areas some services, like fire, police and public transport, are provided through ‘joint authorities’ (in London by the Greater London Authority).

Parish, community and town councils

These operate at a level below district and borough councils and in some cases, unitary authorities.

They’re elected and can help on a number of local issues, like providing:

allotments

public clocks

bus shelters

community centres

play areas and play equipment

grants to help local organisations

consultation on neighbourhood planning

They also have the power to issue fixed penalty fines for things like:

litter

graffiti

fly posting

dog offences

Decision making

The full council (a meeting of all council members) is responsible for all decisions. But in practice, most of the work is given to smaller groups of councillors or council officers (paid staff).

Every council must publish:

details of when key decisions will be taken

papers of meetings – at least 5 working days beforehand

minutes of meetings – showing the decisions that were made

You can view council meeting agendas, minutes and reports on your council’s website.

You can also attend most council meetings, although usually you won’t be able to speak at them.

Mayors

Many councils have a civic mayor or chairman of the council. They carry out ceremonial duties and chair meetings, but can’t make decisions about council business.

Some councils have an elected mayor. They’re responsible for the day-to-day running of local services.

Councils can have both elected and civic mayors.

Spending and accounts

Many local councils provide information on their websites to show how they spend their budget.

You can view details of:

payments for goods and services over £500

contracts and tenders over £500

Looking at annual accounts

Every year councils must open their detailed financial accounts to the public for 30 working days.

This allows you to check any spending under £500 without having to make a freedom of information request.

Your council must publish on its website and in the local press details of when you can check its accounts.

Local councillors and elections

Local councillors are elected for 4-year terms by the local community to represent its views.

You can contact your local councillor online or by going to an advice surgery.

When local elections are held

Elections to councils are normally held on the first Thursday in May.

Some councils elect all of their councillors at the same time. Other councils elect half or a third of their councillors at each election.  Read about the election timetable in England.

You can find out more about local council elections from the Local Government Boundary Commission for England.

Declaring interests

All local councillors have to declare any interests, gifts or hospitality they get that could influence decisions they make.

Your local council must publish details of these. You can usually access them on your council’s website or at the town hall.

Make a complaint

If you feel that a council service hasn’t been properly delivered, you can make an official complaint.

Complain to the council service provider.

If you’re still not happy, complain to your council’s complaints officer.

If this doesn’t resolve the issue, you may be able to get the Local Government Ombudsman to look into it.

The Ombudsman considers complaints if you’ve suffered because of:

the way a council service has been given

how a decision has been made

The Ombudsman usually only considers your complaint once it’s been through your local council’s complaints procedure.


Controlling your dog in public

Overview

It’s against the law to let a dog be dangerously out of control anywhere, such as:

in a public place

in a private place, for example a neighbour’s house or garden

in the owner’s home

The law applies to all dogs.

Some types of dogs are banned.

Out of control

Your dog is considered dangerously out of control if it:

injures someone

makes someone worried that it might injure them

A court could also decide that your dog is dangerously out of control if either of the following apply:

it attacks someone’s animal

the owner of an animal thinks they could be injured if they tried to stop your dog attacking their animal

A farmer is allowed to kill your dog if it’s worrying their livestock.

Penalties

You can get an unlimited fine or be sent to prison for up to 6 months (or both) if your dog is dangerously out of control. You may not be allowed to own a dog in the future and your dog may be destroyed.

If you let your dog injure someone you can be sent to prison for up to 5 years or fined (or both). If you deliberately use your dog to injure someone you could be charged with ‘malicious wounding’.

If you allow your dog to kill someone you can be sent to prison for up to 14 years or get an unlimited fine (or both).

If you allow your dog to injure an assistance dog (for example a guide dog) you can be sent to prison for up to 3 years or fined (or both).

Banned dogs

In the UK, it’s against the law to own certain types of dog. These are the:

Pit Bull Terrier

Japanese Tosa

Dogo Argentino

Fila Brasileiro

It’s also against the law to:

sell a banned dog

abandon a banned dog

give away a banned dog

breed from a banned dog

Whether your dog is a banned type depends on what it looks like, rather than its breed or name.

If you have a banned dog

If you have a banned dog, the police or local council dog warden can take it away and keep it, even if:

it is not acting dangerously

there has not been a complaint

The police may need permission from a court to do this.

If your dog is in:

a public place, the police do not need a warrant

a private place, the police must get a warrant

a private place and the police have a warrant for something else (like a drugs search), they can seize your dog

A police or council dog expert will judge what type of dog you have and whether it is (or could be) a danger to the public. Your dog will then either be:

released

kept in kennels while the police (or council) apply to a court

You’re not allowed to visit your dog while you wait for the court decision.

You can give up ownership of your dog but you cannot be forced to. If you do, your dog could be destroyed without you even going to court.

Going to court

It’s your responsibility to prove your dog is not a banned type.

If you prove this, the court will order the dog to be returned to you. If you cannot prove it (or you plead guilty), you’ll be convicted of a crime.

You can get an unlimited fine or be sent to prison for up to 6 months (or both) for having a banned dog against the law. Your dog will also be destroyed.

Index of Exempted Dogs (IED)

If your dog is banned but the court thinks it’s not a danger to the public, it may put it on the IED and let you keep it.

You’ll be given a Certificate of Exemption. This is valid for the life of the dog.

Your dog must be:

neutered

microchipped

kept on a lead and muzzled at all times when in public

kept in a secure place so it cannot escape

As the owner, you must:

take out insurance against your dog injuring other people

be aged over 16

show the Certificate of Exemption when asked by a police officer or council dog warden, either at the time or within 5 days

let the IED know if you change address, or your dog dies

Public Spaces Protection Orders

Some public areas in England and Wales are covered by Public Spaces Protection Orders (PSPOs) - previously called Dog Control Orders (DCOs).

In public areas with PSPOs, you may have to:

keep your dog on a lead

put your dog on a lead if told to by a police officer, police community support officer or someone from the council

stop your dog going to certain places - like farmland or parts of a park

limit the number of dogs you have with you (this applies to professional dog walkers too)

clear up after your dog

carry a poop scoop and disposable bags

You can report dog fouling to your local council.

Penalties

If you ignore a PSPO, you can be fined:

£100 on the spot (a ‘Fixed Penalty Notice’)

up to £1,000 if it goes to court

PSPOs in your area

Local councils must let the public know where PSPOs are in place.

If the council plans to put a new PSPO in place, it must put up a notice and publish it on its website.

The notice must tell you:

where the new PSPO will apply

if there’s a map and where you can see it

Report a dog

Anyone can report a dog and their owner to the police.

You can report a dangerous dog to your council’s dog warden service.

You can also report dog fouling to your local council.


Getting and using a horse passport

When you need a horse passport

You must have a horse passport (sometimes called an ‘equine passport’) for each animal if you keep any of the following:

horses

ponies

donkeys and asses

zebras

mules, hinnies or other hybrids

The passport is a document that:

describes the animal, for example by breed, colour, species

lists all vaccinations

names the registered owner

You only need a passport for semi-wild ponies on Dartmoor, Exmoor, Wicken Fen or in the New Forest if they’re not free to roam in these areas (for example, if you sometimes keep them enclosed on your land) or you have them treated by a vet.

Use your horse passport

You must keep a valid horse passport with your animal at all times. This includes at its stable or when you move it.

You need to provide your horse’s passport:

when a vet examines or treats your animal - the medication your animal can get depends on how it’s categorised on its passport

if an animal health inspector, trading standards inspector or other enforcement officer asks to see it

when you sell or give the animal to someone else

You could get a fine if you cannot show a valid horse passport for an animal in your care.

If you buy a horse

Contact the Passport Issuing Organisation (PIO) within 30 days to update the passport ownership details.

If the seller does not give you the horse’s passport, contact your local trading standards office for advice.

You might need to take additional steps if you import a horse from outside the UK.

When your horse dies

Within 30 days of the horse’s death, return its passport to the PIO that issued it. They will update their records and invalidate or destroy the passport.

If the passport has been invalidated you may be able to get it sent back to you. Ask the PIO if this is possible.

If your horse was born before July 2009

Check if your horse is microchipped by:

looking at its passport

looking at the Digital Stable or the National Chipchecker

asking a vet to scan your horse for a microchip

If your horse does not have a microchip, you must:

get a vet to microchip it

update the passport

In England, you can be fined if your horse is not microchipped.

There are different rules in Scotland, Wales and Northern Ireland.

Apply for a horse passport

If you own the horse or related animal, you must get a passport for it before it reaches 12 months of age.

How to apply

Apply through a Passport Issuing Organisation (PIO). If you have a pedigree animal, you need to register through a PIO that manages studbooks.

You need a vet to implant a microchip in your horse before you can apply.

Send your application by whichever date is later:

30 November of the animal’s year of birth

within 6 months of the animal’s birth

Applications can take up to 6 weeks. How much you pay depends on the PIO and type of animal.

A passport issued more than 12 months after birth will be treated as late. It will be issued as a duplicate or replacement passport and the animal cannot be used as food for humans.

There’s no expiry on horse passports - they last an animal’s lifetime.

Update or replace a passport

You need to:

update the passport’s details if they change, for example if you have a new microchip put in your horse

replace a passport if it gets lost

Update passport details

Contact the Passport Issuing Organisation (PIO) to get your horse’s passport updated.

You can make updates through the Digital Stable in some instances.

Replace a lost passport

Contact the PIO that issued the original passport to request a duplicate or replacement.

If you do not know which PIO this is, you can apply for a duplicate or replacement from another PIO. Apply to a PIO that manages studbooks if you have a pedigree.

Your horse will not be used as food when it dies if it’s given a duplicate or replacement passport.

You’re breaking the law if you apply for a replacement or duplicate passport when the original is not lost.

If you find your original passport

Send the passport back to the PIO that issued it. If the PIO no longer exists or is not in the UK, then send it to any appropriate UK PIO.

Import or export a horse or related animal

What you need to do depends on whether you’re importing or exporting the horse or related animal.

Importing

Any horse coming into the UK must have an up-to-date horse passport. This can come from:

a UK Passport Issuing Organisation (PIO)

an approved body from another country

If the horse will be in the UK for more than 90 days and does not have a UK horse passport, you must register the foreign passport with a UK PIO. You must apply within 30 days of the horse’s arrival.

Use a PIO that manages studbooks if you have a pedigree.

There are limited circumstances where you do not need to register the foreign passport with a UK PIO. A PIO will tell you if one of those circumstances apply if you contact them.

If you’re in England, Scotland or Wales, read more about the rules for:

importing horses from Northern Ireland, EU countries and Norway

importing horses from any other country

If you’re in Northern Ireland, read more about importing animals.

Exporting

You must keep the passport with the horse and follow the rules for:

exporting horses from England, Scotland or Wales

exporting animals from Northern Ireland

Get help

Contact the Passport Issuing Organisation (PIO) that issued the horse passport if you have any questions.

If you have concerns about the conduct of PIOs

Contact the Department for Environment Food and Rural Affairs (Defra).

You can also write to them.


Low flying military aircraft

Overview

Military low flying is used to train military aircrew. Low flying by military aircraft is carried out across all of the UK.

Low flying means:

fixed-wing aircraft flying down to 250 feet from the ground

rotary-wing aircraft (for example helicopters) flying down to 100 feet from the ground

Rotary-wing aircraft can also be authorised to go lower than 100 feet from the ground.

Low flying isn’t usually allowed in areas around airports, or towns and cities with populations of more than 10,000.

Find out more about:

safety concerns and low flying

noise from commercial airports

Where and when low flying happens

The UK is divided into 20 separate low flying areas.

Three of these areas are also known as ‘tactical training areas’. These are in:

central Wales

northern Scotland

the borders area of southern Scotland and northern England

Ministry of Defence (MOD) publishes a monthly timetable for the low flying tactical training areas and MOD sponsored air exercises.

Air weapons ranges

The Royal Air Force (RAF) currently uses 5 air weapons ranges. These are:

Donna Nook and Holbeach in Lincolnshire

Pembrey Sands in Carmarthenshire

Tain in Ross-shire

Cape Wrath in Sutherland

Air weapons ranges are used for:

low flying military aircraft

air to ground bombing

MOD publishes a monthly timetable for air weapons ranges activity. Red flags or lights, signs and sentries show when you can’t go onto an air weapons range.

You can also contact MOD about low flying in your area.

Find out about low flying in your area

Contact the Ministry of Defence (MOD) for information about low flying military aircraft in your area.

Low flying in England, Wales and Scotland

Contact the Low Flying Complaints and Enquiries Unit to complain or enquire about low flying in your area.

To make a complaint, send the following information:

your name

full address and postcode

telephone number

date and time of the problem

location of the problem

type of aircraft, if known

a brief description of your complaint

You should get a response within 20 days.

Your complaint can be investigated by the Defence Flying Complaints Investigation Team if it’s about serious injuries or damage.

Enquiries about horse riding

Call the low level advisory service if you want to ride a horse and are worried about low flying aircraft.

Low flying in Northern Ireland

Request low flying to be temporarily stopped

You can apply to have low flying stopped temporarily in your area, for example if you’re holding an agricultural or horse show.

Contact the Ministry of Defence (MOD) to apply. They will grant your request if it doesn’t significantly disturb the low flying training.

When applying, make sure you include the:

name and nature of the event

location and ordnance survey grid reference

contact details for the people holding the event

date and time when you would like low flying to be stopped


Resolving neighbour disputes

Overview

Follow these steps if you have a dispute with your neighbour.

This guide is also available in Welsh (Cymraeg).

Try to solve the problem informally by talking to them.

If your neighbour is a tenant, you could contact their landlord.

You could use a mediation service if raising the issue informally does not work.

If the dispute involves a statutory nuisance (something like loud music or barking dogs), you can make a complaint to your local council.

Contact the police if your neighbour is breaking the law by being violent or harassing you.

As a last resort you can take legal action through the courts.

Talk to your neighbour

Before making a formal complaint or getting others involved, try to discuss the problem with your neighbour.

If you’re worried about approaching them, write a letter, explaining the problem clearly and sticking to the facts.

If the problem affects other neighbours, involve them as well. It can be easier to settle a dispute if the complaint comes from a number of people.

A tenants’ association might help if you’re a member of one.

Get practical advice from Citizens Advice to deal with common neighbour disputes, like noise and rubbish.

Contact your neighbour's landlord

If your neighbour is a tenant, you can complain to their landlord. This could be a housing association, the council or a private landlord.

Use a mediation service

If you cannot resolve the dispute by speaking to your neighbour, get help from a mediation service.

How mediation works

Mediation is when an impartial person - trained in dealing with difficult discussions between 2 opposing sides - acts like a referee in a dispute.

There can be a fee for mediation, but this will still be cheaper than hiring a solicitor and taking legal action.

Contact a mediation service

Mediation services differ depending on where you live:

if you live in England and Wales, find a mediation provider in your area

in Scotland, use the Scottish Mediation Network

your council or housing association may provide a mediation service

Complain about noise to the council

You can ask your local council for help if the neighbour dispute involves an activity that is damaging to health or a nuisance. This is known as a ‘statutory nuisance’.

This could include:

noise (including loud music and barking dogs)

artificial light (except street lamps)

dust, steam, smell or insects from business premises

smoke, fumes or gases

a build-up of rubbish that could harm health

Your council has a duty to investigate any statutory nuisance.

You should always try and solve the problem by talking to your neighbour or through mediation before contacting the council.

Penalties

If the council decides someone is causing a statutory noise nuisance they must issue a ‘noise abatement’ order. This tells the person what they must do to stop making a noise nuisance or else face further legal action.

If someone breaks an abatement order about noise from their home, they can be fined up to £5,000. If it’s noise from a factory or business, the penalty can be up to £20,000.

High hedges, trees and boundaries

You must try to settle a dispute about a high hedge informally before the council can intervene.

Ask your council for a complaint form if the hedge is all of these:

2 or more mostly evergreen or semi-evergreen trees or shrubs

over 2 metres tall

affecting your enjoyment of your home or garden because it’s too tall

You might have to pay the council a fee to consider your complaint.

Read more about complaining to your council about a high hedge.

When you can trim hedges or trees

You can trim branches or roots that cross into your property from a neighbour’s property or a public road.

You can only trim up to the property boundary. If you do more than this, your neighbour could take you to court for damaging their property.

If you live in a conservation area, or the trees in the hedge are protected by a ‘tree preservation order’, you might need your council’s permission to trim them.

If your property borders a road

The highways authority can ask you to cut back hedges or trees on your property if they’re causing an obstruction in the road. If you refuse, they can go into your property without your permission to do the work themselves. They may charge you for this.

Property damage from hedges

Your neighbour is responsible for maintaining their hedges so they do not, for example, damage your property or grow too high. If they do damage your property, your neighbour may be liable.

Boundaries and shared (‘party’) walls

Disputes about what is the exact boundary between 2 properties can be difficult to solve so get legal advice.

You must give notice to your neighbour if you are going to do work on a shared (‘party’) wall.

The Royal Institution of Chartered Surveyors (RICS) has free advice on boundary disputes and party walls (the walls you share with your neighbours).

Call the police

You should call the police if your neighbour:

is violent, threatening or abusive

is harassing you sexually, or because of your sexuality, religion or ethnic background

is breaking the law in any other way - or if you suspect this

Take action through the courts

If all else fails, you can take legal action against a neighbour.

Taking someone to court can be expensive so it should be your last resort if nothing else works. There may be court fees and you may have to pay a solicitor.

Legal advice

You can get free legal advice from a law centre, advice centre or Citizens Advice.

You can also find a lawyer who deals with a neighbour disputes.


Affordable home ownership schemes

Overview

You may be able to get financial help from the government to buy a home.

You could get:

a loan to help with the cost of a new-build home if you’re a first-time buyer (in England and Wales)

a home through shared ownership (UK wide)

The Help to Buy ISA scheme closed to new accounts on 30 November 2019. You can still open a Lifetime ISA to save for a first home.

Buying your council or housing association property

There are also schemes for council tenants and
housing association tenants.

Help to Buy: Equity Loan

You can get an equity loan towards the cost of buying a new-build home as a first-time buyer.

This guidance applies to England. There’s different guidance on how to apply for an equity loan in Scotland and how to apply for an equity loan in Wales.

Eligibility

You must be:

18 or over

a first-time buyer

able to afford the fees and interest payments

You cannot get the equity loan if you have ever:

owned a home or residential land in the UK or abroad

had any form of sharia mortgage finance

You can apply on your own or with other people. All applicants must meet the eligibility criteria.

If you’re married, in a civil partnership, or cohabiting with your partner (and you plan on continuing to live together), you must make a joint application.

The property you buy with your equity loan

The property must be:

a new-build

sold by a Help to Buy registered homebuilder

the only home you own and live in

It must not have been lived in by anyone before you buy it.

There’s also a ‘maximum property purchase price’ limit for the home you buy depending on which region it’s in. You can buy a home up to and including the maximum property purchase price limit.

Region | Maximum property purchase price

North East | £186,100

North West | £224,400

Yorkshire and the Humber | £228,100

East Midlands | £261,900

West Midlands | £255,600

East of England | £407,400

London | £600,000

South East | £437,600

South West | £349,000

How it works

You’ll need to:

pay a minimum deposit of 5% of the property purchase price

arrange a repayment mortgage of at least 25% of the property purchase price

You can then borrow an equity loan to cover from 5% and up to 20% of the property purchase price of your newly built home. If the property is in London, you can borrow up to 40%.

The equity loan percentage you borrow is used to calculate your interest and equity loan repayments.

Interest payments

You do not have to pay interest for the first 5 years. In the sixth year, you’ll be charged interest at a rate of 1.75%. This will be applied to the equity loan amount you originally borrowed (the equity loan percentage of the property purchase price). This annual interest is spread over the year in monthly payments.

The interest rate increases every year in April, by adding the Consumer Price Index (CPI) plus 2%.

Your interest payments will decrease if you make a part repayment of the equity loan. This is because the amount the interest rate is applied to will reduce.

Fees

You’ll need to pay a monthly management fee of £1 when you take out the equity loan until you pay it off.

If you change your equity loan, including if you remortgage or make an equity loan repayment, you’ll need to pay administration fees.

You’ll also have to pay other fees associated with buying and owning a home, for example, legal and mortgage arrangement fees and for market value reports.

Paying interest and fees does not count towards paying back the equity loan. If you do not keep up with payments, you may need to pay recovery costs or interest on the amount you owe.

Paying back the equity loan

You can pay back part or all of your equity loan at any time.

Repayments are based on your equity loan percentage and the market value of your home at the time you want to make a repayment.

You’ll need to get a market valuation report from a chartered surveyor when you make a repayment.

Read more detailed guidance on repaying your equity loan.

Paying back part of your equity loan

The smallest repayment you can make is 10% of the market value of your home.

Paying back part of your equity loan will reduce the monthly interest payments you’ll need to pay from the sixth year of taking out the equity loan.

Paying back all your equity loan

You must repay all your equity loan when you:

reach the end of the equity loan term (normally 25 years)

pay off your repayment mortgage

sell your home

You may also be asked to repay the equity loan in full if you do not keep to the terms and conditions.

If you sell your home, you’ll pay the equity loan percentage of the market value or agreed sale price if it’s higher.

If you want to pay off your equity loan and you’ve previously made part repayments, you’ll pay the equity loan percentage you still owe of the market value.

How to apply

You need to apply through the Help to Buy agent in the area where you want to buy your home.

North

Find out how to apply for an equity loan in the north.

Midlands and London

Find out how to apply for an equity loan in the Midlands and London.

South (excluding London)

Find out how to apply for an equity loan in the south.

Read the Homebuyers’ guide to Help to Buy: Equity Loan (2021-2023).

Help to Buy: Equity Loan (2013-2021)

Applications for the 2013 to 2021 scheme are now closed. Read the Homebuyers’ guide to Help to Buy: Equity Loan (2013-2021) for more information.

Manage your Help to Buy loan

Read guidance on how to:

remortgage your Help to Buy home

make structural alterations to your Help to Buy home

sublet your Help to Buy home

change ownership of your Help to Buy home

Buying through shared ownership

When you buy a home through a shared ownership scheme you buy a share of the property and pay rent on the rest.

The share you can buy is usually between 25% and 75%. You can buy a 10% share on some homes.

There are different rules on:

shared ownership in Scotland

shared ownership in Wales

shared ownership in Northern Ireland

Eligibility

You can buy a home through shared ownership if both of the following apply:

your household earns £80,000 a year or less (£90,000 a year or less in London)

you cannot afford all of the deposit and mortgage payments for a home that meets your needs

One of the following must also be true:

you’re a first-time buyer

you used to own a home, but cannot afford to buy one now

you own a home and want to move but cannot afford a new home suitable for your needs

you’re forming a new household - for example, after a relationship breakdown

you’re an existing shared owner and want to move

Some shared ownership homes in a ‘designated protected area’ are only available to buy if you have a connection to the area. If you buy one of these homes, you:

may only be able to buy a share of up to 80%

must sell it back to the landlord or a buyer nominated by the landlord - you cannot sell your home on the open market

If you own a home

When you apply for shared ownership you must have:

accepted an offer for the sale of your current home (called ‘sold subject to contract’ or ‘STC’)

written confirmation of the sale agreed (called a ‘memorandum of sale’) including the price and your intention to sell

You must have completed the sale of your home on or before the date you complete your shared ownership purchase.

How it works

Shared ownership properties are always leasehold properties.

Older people

If you’re aged 55 or over you can buy up to 75% of your home through the Older People’s Shared Ownership (OPSO) scheme. Once you own 75% you will not pay rent on the rest.

Disabled people

You can apply for a scheme called home ownership for people with a long-term disability (HOLD) if other Help to Buy scheme properties do not meet your needs, for example you need a ground-floor property.

Buying more shares

You can buy more of your home after you become the owner. This is known as ‘staircasing’.

You can buy shares of 5% or more at any time.

If you bought your house in 2021 you may also be able to buy shares of 1% each year for the first 15 years. Ask your landlord if this applies to you. You cannot buy shares of 2%, 3% or 4%.

The cost of your new share will depend on how much your home is worth when you want to buy the share.

It will cost:

more than your first share if property prices in your area have gone up

less than your first share if property prices in your area have gone down

If you want to buy a share of 5% or more, you’ll need to pay for a valuation by a surveyor. Your landlord will let you know whether they’ll arrange the valuation or you need to arrange it yourself. The surveyor must be registered with the Royal Institution of Chartered Surveyors (RICS). Your landlord will tell you the price of the share after the valuation.

If you want to buy a 1% share, the price will be based on the original price of your house, increased or decreased in line with the House Price Index (HPI). Your landlord will give you a HPI valuation at least once a year and whenever you ask to buy a 1% share.

Selling your home

If you own a share of your home, the landlord has the right to find a buyer for your home. The landlord also has the right to buy it first (known as ‘first option to buy’ or ‘pre-emption’).

You can sell your share yourself if the landlord does not find a buyer and they do not want to buy it themselves.

If you own 100% of your home, you can sell it yourself.

How to apply

To buy a shared ownership home, you need to register with the Help to Buy agent in the area where you want to live.

North

Find out how to register and apply for shared ownership in the north.

Midlands and London

Find out how to register and apply for shared ownership in the Midlands and London.

South (excluding London)

Find out how to register and apply for shared ownership in the south.

Help to Buy ISA

You can no longer open a Help to Buy ISA.

If you already have a Help to Buy ISA

You can pay in up to £200 each month.

The government will top up your savings by 25% (up to £3,000) when you buy your first home.

If you are buying with someone who also has a Help to Buy ISA, both of you will get the 25% bonus.

You can pay into the ISA until November 2029. You can claim the 25% bonus until November 2030.

When you buy your property

The home you buy must:

have a purchase price of up to £250,000 (or up to £450,000 in London)

be the only home you own

be where you intend to live

Your solicitor or conveyancer will apply for the extra 25%.

You do not have to pay it back.

You can use the scheme with an equity loan.


Buying or selling your home

Overview

Buying or selling a home normally takes 2 to 3 months. The process can take longer if you’re part of a chain of buyers and sellers.

There are several steps you’ll need to follow:

sellers must provide an Energy Performance Certificate for the property

if a seller is using an estate agent, potential buyers must make any offers through the agent

once a buyer’s offer has been accepted, the seller’s responsible for drawing up a legal contract to transfer ownership

an offer is not legally binding until contracts are exchanged

depending on the amount given for property, the buyer may have to pay tax

This guide relates to England and Wales. Shelter has advice about buying and selling a home in Scotland.

If you’re buying property with someone else

You can own a home with up to 3 other people. Find out more about the different types of joint property ownership.

Energy Performance Certificates

Energy Performance Certificates (EPCs) are needed whenever a property is:

built

sold

rented

You must order an EPC for potential buyers and tenants before you market your property to sell or rent.

In Scotland, you must display the EPC somewhere in the property, for example in the meter cupboard or next to the boiler.

An EPC contains:

information about a property’s energy use and typical energy costs

recommendations about how to reduce energy use and save money

An EPC gives a property an energy efficiency rating from A (most efficient) to G (least efficient) and is valid for 10 years.

Check how you could make your home more energy efficient using the Energy Savings Trust’s home energy check.

How to get an EPC

You’ll need to find an accredited assessor if you’re selling or renting out your home in:

England, Wales and Northern Ireland

Scotland

They’ll assess your property and produce the certificate.

You can be fined if you do not get an EPC when you need one.

The person selling the house, the landlord or the letting agent must show you the EPC if you’re buying or renting.

Buildings that do not need an EPC

These include:

places of worship

temporary buildings that will be used for less than 2 years

stand-alone buildings with total useful floor space of less than 50 square metres

industrial sites, workshops and non-residential agricultural buildings that do not use a lot of energy

some buildings that are due to be demolished

holiday accommodation that’s rented out for less than 4 months a year or is let under a licence to occupy

listed buildings - you should get advice from your local authority conservation officer if the work would alter the building’s character

residential buildings intended to be used less than 4 months a year

See other properties’ EPCs

You can look at the EPCs of other properties free of charge. This lets you compare your home’s energy performance with that of similar homes. You can search by the property’s address or by the EPC’s report reference number..

You can opt out of the EPC register if you do not want other people to be able to see your EPC.

Estate agents

You must sign a legally binding contract with an estate agent if you use one to sell your home.

You must stick to the terms of the contract or you could be taken to court.

Estate agents must also treat buyers fairly. They must show any offers promptly and in writing to the person selling the house.

Estate agents are also legally obliged to pass on any other offers for the property right up to when contracts are exchanged.

Complain about an estate agent

You must complain to the estate agent first and give them a fair chance to sort out your complaint. If they do not, you can complain to one of the following schemes:

The Property Ombudsman

Property Redress Scheme

Ask the estate agent which scheme they belong to.

Offers

A buyer must make an offer through the estate agent if a home is sold through one.

A buyer can make their offer directly to the seller for a private sale.

Buyers can make offers verbally (over the phone or in person) or in writing.

An offer is not legally binding in England and Wales until contracts are exchanged.

If a buyer makes an offer ‘subject to contract’, this means the price can still be negotiated (for example if a survey finds a problem with the property).

The law is different if you’re making an offer for property in Scotland.

Transferring ownership (conveyancing)

Once the offer is accepted

The seller is responsible for drawing up a legal contract to transfer ownership.

The contract contains details about:

the sale price

the property boundaries

which fixtures and fittings (like carpets and kitchen units) are included

any legal restrictions or rights, like public footpaths or rules about using the property

any planning restrictions

services to the property, like drainage and gas

when the sale will complete

If the seller has hired a solicitor or conveyancer, they will:

draft the initial contract

answer questions from the buyer’s solicitor or conveyancer (with the seller’s help)

negotiate the details of the contract if necessary

Exchanging contracts

When the buyer and seller are happy with the contract, both sides sign final copies and send them to each other.

The agreement to sell and buy is legally binding once this happens. Usually neither party can pull out without paying compensation.

Completion

Once you exchange contracts and deal with any remaining checks the buyer has asked for:

The money is transferred from the buyer to the seller.

The legal documents needed to transfer ownership are handed over to the buyer.

The seller moves out and leaves the property in the state agreed in the contract.

The seller hands over the keys to the buyer.

The property now belongs to the buyer.

Citizens Advice has more advice about buying or selling your home.

Tax

You may need to pay:

Stamp Duty Land Tax when you buy a home in England

Land Transaction Tax when you buy a home in Wales

Capital Gains Tax when you sell a home

Stamp Duty Land Tax

If you buy between 8 July 2020 and 30 June 2021

You pay SDLT if you paid more than £500,000 for the property.

If you buy between 1 July 2021 and 30 September 2021

You pay SDLT if you paid more than £250,000 for the property.

If you buy from 1 October 2021

You pay SDLT if you paid more than £125,000 for the property. This threshold also applies to any property bought before 8 July 2020.

You still have to pay if you swap something of economic value for a property, for example shares or another property.

If you’re buying your first home

From 1 July 2021 you do not have to pay SDLT if the property is £300,000 or less.

Capital Gains Tax

You do not pay Capital Gains Tax when you sell (or ‘dispose of’) your home if all of the following apply:

you’ve lived in it as your main home for all the time you’ve owned it

you have not let part of it out or used part of it for business only

the grounds, including the buildings, are smaller than 5,000 square metres (just over an acre)

This is because you automatically get a tax relief called Private Residence Relief. You do not need to do anything.

If you do not meet all these criteria you may have to pay some Capital Gains Tax.


Claim compensation if your property is affected by HS2

Overview

You may be able to sell your property to the government at its market (‘unblighted’) value or receive a lump-sum payment if it’s near the proposed High Speed Two (HS2) route.

The property scheme you’re eligible for depends on the location of your property and which phase of HS2 affects you.

Check your location

You’ll need to find out if your property is:

in the safeguarded area

in the rural support zone

in the homeowner payment zone

outside the zones

Check the route for HS2 Phase 1, HS2 Phase 2a or HS2 Phase 2b to see if your property is in one of these zones.

If you’re in a safeguarded area

You can apply through one of the following:

Express Purchase Scheme

Need to Sell Scheme

If you’re in a rural support zone

Cash Offer or Voluntary Purchase Scheme

Need to Sell Scheme

If you’re in a homeowner payment zone (Phase 1)

You can apply for the Homeowner Payment Scheme.

You cannot apply yet if you’re affected by phases 2a or 2b.

If you cannot sell your property because of HS2

You can apply for the Need to Sell Scheme if your property is affected but:

it’s outside the zones and safeguarded area

it is not covered by a scheme

Rent Back

You can apply to rent and continue living in the property if you sell it to the government under one of these schemes.

Contact HS2

Contact HS2 if you have any questions, for example about what scheme you should apply to or the application process.

You can complain to HS2 about your application, for example if you think the decision is taking too long.

Express Purchase Scheme

You can sell your property to the government through the Express Purchase Scheme if either:

your house or 25% of the total area of your property is inside the area marked ‘surface safeguarding’ on the ‘safeguarding maps’

your property was in the safeguarding area (called the ‘Extended Homeowner Protection Zone’) but has since been removed  - check with HS2 whether you qualify

You can still apply to sell your property with a ‘blight notice’ if you do not qualify for Express Purchase - but the government will only buy your property if it’s needed for the construction of HS2.

Who can apply

You must be the owner occupier of a residential, agricultural or commercial property, or their ‘personal representative’ if they’ve died, for example the executor of their will.

Mortgage lenders (for example banks and building societies) in vacant possession of a qualifying property can apply.

Your commercial property will not qualify for Express Purchase or under a blight notice if it has a rateable value of £36,000 or more (£44,200 inside Greater London).

An owner occupier must:

be the freeholder or a leaseholder with at least 3 years left on the lease

be living in or running a business from the property or have done so for at least 6 months in the last 18 months if the property’s currently empty

You can get advice from a chartered surveyor about your eligibility.

Read full guidance on eligibility.

What you’ll get

If you qualify the government will:

buy your property at its open market value as if HS2 was not going to be being built (known as ‘unblighted’ value)

give you a ‘home loss’ payment equal to 10% of the property’s open market value (up to £64,000)

pay reasonable expenses, for example stamp duty, surveyors’ and legal fees, and removal costs

Apply

You must complete the correct blight notice to apply for Express Purchase.

You must include original or certified copies of:

proof of ownership, for example Land Registry title

proof the property was occupied for 6 months of the last 18 months, for example utility bills covering at least 6 months

business rates bills, if you’re applying for a commercial property

plans of the property, for example Land Registry plans showing the property boundaries

proof of representation, if applicable, for example power of attorney

If you’re sending a blight notice but do not qualify for Express Purchase, include a description of what you’ve done to sell the property, for example copies of correspondence with estate agents.

Email your completed application to HS2 with your supporting documents.

You can also send your notice and supporting evidence by registered post.

What happens next

You’ll get a decision on your application within 2 months.

You have up to 3 years to accept the offer if your application’s accepted.

Track your application online

HS2 will send you a username and password to track your application after you apply.

You can then track your application online. You’ll choose a new password after you sign in for the first time.

If you have not been sent a username and password, contact your HS2 case officer for help tracking your application.

Complaints

Follow HS2’s complaints procedure if you want to complain about the service you received, for example about how long it took to reach a decision on your application or the result.

Exceptional Hardship Scheme (Phase 2b)

The Exceptional Hardship Scheme has now closed.

If you’ve already applied

If you have not received a decision, your application will automatically be transferred to the Need to Sell Scheme.

If you’ve received a decision and were successful, the purchase of your property will not be affected by the closure of the scheme.

If you were unsuccessful, you may now be eligible for one of the other compensation schemes.

Complaints

Follow HS2’s complaints procedure if you want to complain about the service you received, for example how long it took to reach a decision on your application.

Need to Sell Scheme

You may be able to sell your property to the government through the Need to Sell Scheme if you have a ‘compelling reason’ to sell but cannot as a direct result of the announcement of the HS2 route.

Compelling reasons include unemployment, relocation for a new job or ill health - but each application is judged on its merits.

Before you apply

Check if you’re eligible to ask the government to buy your property through:

statutory blight

the Express Purchase Scheme

the Cash Offer or Voluntary Purchase Scheme

Who can apply

You must be one of the following:

the owner occupier of a residential, agricultural or commercial property

the ‘personal representative’ of the owner occupier if they’ve died, for example the executor of their will

a ‘reluctant landlord’ (renting out your property because you cannot sell it)

Mortgage lenders (such as banks and building societies) in vacant possession of a qualifying property can apply.

Your commercial property will not qualify for the Need to Sell Scheme if it has a rateable value of £36,000 or more (£44,200 inside Greater London).

An owner occupier must:

be the freeholder or a leaseholder with at least 3 years left on the lease

Read full guidance on eligibility.

You’ll need to submit evidence that you meet all 5 criteria:

property type

location

effort to sell

no prior knowledge

compelling reason to sell

Property type

You’ll need to show that the property is owner occupied, you’re the personal representative, or you’re acting as a ‘reluctant landlord’ who has had to rent out the property as a result of HS2.

Location

You’ll need to show that your property is close enough to the route that it’s likely to be substantially affected by HS2’s construction or operation. There is no fixed distance.

Effort to sell

You’ve tried to sell the property without success for at least 3 months.

No prior knowledge

You must either:

have bought or signed a lease before the publication of the HS2 route section closest to your property

show why you could not have known about the initial proposed route, for example if the searches relating to the purchase were done before the route was announced, but the purchase was completed after

Compelling reason to sell

You must give evidence of a compelling reason to sell your property now, or that you would be placed under an unreasonable burden if you were unable to sell your property in the next 3 years.

What you’ll get

The government will agree to buy your property for 100% of the unblighted open market value if your application is successful.

The government will not cover additional costs, such as legal fees or removal costs.

Apply

Download the guidance and fill in the application form.

Send it to the address on the form, along with your supporting evidence.

Track your application online

HS2 will send you a username and password to track your application after you apply.

If you’re not happy with the result

You can reapply if your application is rejected, giving extra information to explain why you think the decision was wrong.

Complaints

Cash Offer or Voluntary Purchase Scheme

You may be able to apply for a Cash Offer if you do not want to sell your home and it’s in a rural support zone.

Alternatively, you can ask the government to purchase your property for its full open market value (known as ‘unblighted’ value) under the Voluntary Purchase Scheme.

Cash Offer and the Voluntary Purchase Scheme only apply to properties in rural support zones. Check the Phase 1 or Phase 2 maps to see if your property is in a rural support zone.

Who can apply

Your house or 25% of the total area of your property must be in the rural support zone (generally 60 to 120 metres from the route).

You must be the owner occupier of a residential, agricultural or commercial property.

Mortgage lenders (for example banks and building societies) can also apply for the Voluntary Purchase Scheme.

Your commercial property will not qualify for Cash Offer or the Voluntary Purchase Scheme if it has a rateable value of £36,000 or more (£44,200 inside Greater London).

An owner occupier must:

be the freeholder or a leaseholder with at least 3 years left on the lease

be living in or running a business from the property, or have done so for at least 6 months in the last 18 months if the property is currently empty

have bought or entered into a lease of the property before the initial preferred routes of Phases 1, 2a or 2b were announced - or show why they could not have known about it, for example if the searches relating to the purchase were undertaken before this date, but the purchase itself was completed afterwards

Read the full guidance on eligibility.

What you’ll get

Cash offer

The cash offer is a lump-sum payment of 10% of the unblighted open market value of your property (from a minimum of £30,000 to a maximum of £100,000).

The government will cover your legal fees up to £500 (plus VAT) if your application is successful.

Voluntary purchase

If you qualify, the government will pay 100% of the unblighted open market value, as assessed by 2 independent valuers.

The government will not cover additional costs, for example legal fees or removal costs.

Apply

Download the guidance and fill in the application form.

Send it to the address on the form, along with your supporting evidence.

Track your application online

HS2 will send you a username and password to track your application after you apply.

Complaints

Homeowner Payment Scheme (Phase 1 and Phase 2a)

You may be eligible for a payment if you live in the homeowner payment zone.

Check the Phase 1 maps or Phase 2a maps to find out.

Phase 2a homes will become eligible once this phase is authorised by Parliament.

Who can apply

Your house or 25% of the total area of your property must be in the homeowner payment zone.

You must be the owner occupier of a residential, agricultural or commercial property.

An owner occupier must:

be the freeholder or a leaseholder with at least 3 years left on the lease

have bought the property before 9 April 2014 for Phase 1 and before 30 November 2015 for Phase 2a when the proposals for the homeowner payment were announced

Your commercial property will not qualify for homeowner payments if it has a rateable value of £36,000 or more (£44,200 inside Greater London).

What you’ll get

You can claim £8,000 to £24,000 depending on which homeowner payment band you’re in.

Distance from line of the route | Amount

Between 120m and 180m | £24,000

Between 180m and 240m | £16,000

Between 240m and 300m | £8,000

You’ll be eligible for the band in which your residential dwelling sits if your land is covered by more than one homeowner payment band.

You may be eligible for the £8,000 band if your dwelling is outside the bands but your land is within them.

You’ll be eligible for the higher payment if the dwelling itself is in more than one band.

Most people who receive money under the homeowner payment scheme would not have to pay tax on it.

You can accept payment and still be eligible for the Need to Sell Scheme - the value of the payment (plus statutory interest) will be deducted from the purchase price.

Apply

Fill in the form and follow the instructions to apply.

Track your application online

HS2 will send you a username and password to track your application after you apply.

Rent Back

If you’re selling your property to the government under one of the schemes you can apply to rent it back and continue living in it.

Apply

Ask your HS2 case officer to explain the options for renting the property back from the government after it’s sold.

What happens next

The government will assess your property to decide whether to rent it out, based on both:

the cost of any repairs needed to make it suitable for renting

whether the work is a good use of taxpayers’ money

They will contact you to let you know if you’ll be able to rent it.

If you decide to rent the property, you’ll pay an open market rent and get a tenancy agreement for an initial term of 6 months.

The guidance has more information about Rent Back.

Track your application online


Compensation when a road affects your property's value

Overview

You can apply for compensation if the value of your property goes down because of pollution or disturbance from the use of a new or altered road.

This is known as a ‘Part I claim’.

When you can claim

You can claim after a road’s been open to traffic for 1 year.

How to claim

Check you have a valid claim.

Check where to send your claim.

You can make a claim yourself or use an agent (eg a professional property valuer or claims company) to claim for you.

Who can claim

The value of your property must have gone down by more than £50 as the result of specific types of pollution or disturbance from the use of a new or altered road.

What you can claim for

You can only make a Part I claim because of:

noise

vibration

smell

fumes

smoke

artificial lighting

solid or liquid discharge on to your property

What you can’t claim for

You can’t make a Part I claim for:

other problems caused by a road, eg losing your view, natural light or privacy (sometimes called ‘blight’)

problems coming from another part of the road - your claim must be for the part of the road that’s new or altered

a road that’s only been resurfaced

Types of property you can claim for

You can usually only claim for property you own and occupy.

You must own the property both:

before the road opened to traffic

when you make your claim

You must also be able to prove you own 1 of the following:

the property’s freehold

the property’s leasehold, with at least 3 years left to run on your lease on the date you make your claim

You can’t claim for property that was part of a ‘compulsory purchase’ for the construction of the road.

Homes

You must be living in the property when you make your claim, unless you can’t because:

you let it to tenants

there’s another legal reason preventing you, eg a court order

Agricultural land

You must occupy the property both:

before the road opened to traffic

when you make your claim

Business premises

You must occupy the whole property, or a substantial part of it, both:

before the road opened to traffic

when you make your claim

Your property’s rateable value must be below £34,800.

Search by postcode to find the rateable value of your business in England or Wales.

Other requirements

Read Highways England’s guide to Part I claims to check if you need to meet other requirements.

Make a claim

You usually need to make your claim to the authority responsible for the road - this is:

your local council for local roads

Highways England for major roads, including motorways and some A roads

You need to make your claim to Connect Plus if it’s for M25 widening at:

junctions 16 to 23

junctions 27 to 30

Make a claim to Highways England

Check Part I claims notices for roads that are open for claims.

Read the guide to Part I claims.

Download and fill in the claim for compensation form.

Send your claim to the Highways England.

Track your claim

You can track the progress of a Part I claim you’ve made to Highways England.


Get information about property and land

Overview

You can get information about registered property or land in England and Wales, even if you do not own it.

The type of information you can get includes the:

title register - who owns the property or land, and any rights of way

title number - the unique number given to a property or piece of land

title plan - the property or land’s location and boundaries

This guide is also available in Welsh (Cymraeg).

Search the land and property register

Get copies of title register and title plan by searching the register.

Search the land and property index map

Ask for a search of the index map if a property doesn’t come up on a search of the register.

Get a copy of the deeds

You may be able to find out current and past information about a registered property, such as its previous owners by requesting a copy of the deeds.

Search property prices

Get information about property prices by searching the house price index and the price paid data service.

Search the register

HM Land Registry holds records about most property or land sold in England or Wales since 1993, including the title register, title plan and title summary.

Search the online register

Search the register by address or location.

If a property does not appear in a search, it may be filed under the wrong address. Ask for a search of the index map instead.

Title register

The title register has details about the property or land (in a PDF). It includes:

the title number

who owns it

what they paid for it (properties only, if available)

any rights of way

whether a mortgage on it has been ‘discharged’, for example paid off

Title summary

The title summary (viewable online) includes:

the title number

who owns it

what they paid for it

whether the property is freehold or leasehold (known as ‘tenure’)

the lender’s name and address (if there is a mortgage on the property)

The lease will have more information if the property is a leasehold.

Title plan

The title plan is a map showing:

the property’s location

the general boundaries - there’s usually no record of exact boundaries

Buy copies of the information

You can download online copies of the information for a fee but you cannot use them as proof of ownership.

To get copies to use as proof of ownership (for example, in a court case) order official copies.

Ordering official copies

Download and fill in an application for official copies of documents and send it to HM Land Registry with your fee.

Your copies will arrive in less than a week.

Fees

Document | Fee

Title register (online copy) | £3

Title plan (online copy) | £2.50 (£3 with VAT)

Title register (official copy) | £7

Title plan (official copy) | £7

Rights over adjoining land and property boundaries

The title register may give you details about rights over adjoining land. Apply for a copy of the deeds if you need more information.

Title plans only give general boundary information. There’s usually no record of exact boundaries.

Get historical title registers

You may be able to find out who owned the property before the current owner from a historical title register. It can also be useful if you’re trying to find out how old a property is.

Ask HM Land Registry to search who owned the property for a specific date or multiple dates.

For properties registered before 1993

Contact HM Land Registry with the:

title number or address of the property

date or dates you’re applying for

They’ll search their records and tell you if they have a copy, and how to apply for it.

For properties registered after 1993

Download and fill in form HC1. Send the form to HM Land Registry along with £7 for each date you’re applying for.

The results of your search will arrive in less than a week.

If you do not know the date you’re searching for, contact HM Land Registry.

Search the index map

The index map contains information on all land and property that’s registered or being registered with HM Land Registry.

Use it to find the title number of a property that does not appear in a search of the register.

Some properties do not appear in a search of the register because the property boundaries have changed since it was registered, or the property address has been spelled incorrectly, for example.

How to search

You cannot search the map yourself.

You should provide the address of the land or property (if it has one). If the land or property cannot be identified by the address you can provide:

a plan which clearly identifies the land or property

an Ordnance Survey map reference for the land or property

Download and fill in the application form and send it to HM Land Registry.

HM Land Registry will send you the search results, including the title number or numbers under which the land or property is registered. You can use them to search the register.

The search will also confirm if the property or land is unregistered.

How much it costs

It costs £4 to search an area covering up to 5 registered titles.

If your search covers more than 5 titles, HM Land Registry will contact you with an updated fee. You’ll be charged £2 for groups of 10 additional titles.

How long it takes

If you’re searching the index map to apply for home rights

You must write ‘This search is being made solely for the purposes of the Family Law Act 1996’ across the top of the application form.

Get a copy of the deeds

You may be able to find out current and past information about a registered property, such as its previous owners in the deeds.

The register may give more details about rights over adjoining land.

HM Land Registry does not store original paper deeds.

How to request a copy of the deeds

Find out if the property or land is registered.

Pay £3 to download a copy of the title register. If the deeds are marked as ‘filed’ in the register then HM Land Registry has a scanned copy.

Fill in the deeds request form using the property’s title number from the title register.

Your search may return no results if HM Land Registry does not hold a scanned copy of the deeds.

The deeds could be made up of several documents. Each official copy of a document costs £7.

Send your completed form and payment to HM Land Registry.

Copies of deeds cannot be used to prove ownership, for example in a court case. Get official copies of the title register instead.

If you’re a business

Register for business e-services if you’re a business that needs to manage multiple searches and download multiple copies of documents.

Search for property prices

You can search for how much a property sold for in England or Wales.

You can correct information about the sale price if you find any incorrect records.

You can also search UK house price averages by region, county or local authority on the house price index.


Joint property ownership

Overview

This guide is also available in Welsh (Cymraeg).

You must decide which type of joint ownership you want if you buy, inherit or become a trustee of a property with someone else. You tell HM Land Registry about this when you register the property.

You can own a property as either ‘joint tenants’ or ‘tenants in common’.

The type of ownership affects what you can do with the property if your relationship with a joint owner breaks down, or if one owner dies.

You can get legal advice from someone who specialises in property.

Joint tenants

As joint tenants (sometimes called ‘beneficial joint tenants’):

you have equal rights to the whole property

the property automatically goes to the other owners if you die

you cannot pass on your ownership of the property in your will

Tenants in common

As tenants in common:

you can own different shares of the property

the property does not automatically go to the other owners if you die

you can pass on your share of the property in your will

Change your type of ownership

You can change from being either:

joint tenants to tenants in common, for example if you divorce or separate and want to leave your share of the property to someone else

tenants in common to joint tenants, for example if you get married and want to have equal rights to the whole property

There’s no fee to do this.

You can also change from sole ownership to tenants in common or joint tenants, for example, if you want to add your partner as joint owner. This is called transferring ownership.

Sell the property if the other owner has lost mental capacity

You’ll have to apply to the Court of Protection if you want to sell the property but the other owner has lost ‘mental capacity’.

Check your ownership details

You can find out what type of joint ownership you have by checking documents such as a:

property transfer

property lease

trust deed, also known as a ‘declaration of trust’ (a document stating an owner’s share in a jointly owned property)

A solicitor, conveyancer or legal executive can help you check what type of joint ownership you have if you’re unsure.

Your type of ownership can sometimes change without your knowledge, for example if one of the other owners goes bankrupt.

Change from joint tenants to tenants in common

This is called ‘severance of joint tenancy’. You should apply for a ‘Form A restriction’.

You can make this change without the other owners’ agreement.

A solicitor, conveyancer or legal executive can also make the application for you.

How to apply if the other owners do not agree to the change

Serve a written notice of the change (a ‘notice of severance’) on the other owners - a conveyancer can help you do this.

Download and fill in form SEV to register a restriction without the other owners’ agreement. You can also fill in form RX1 to register a ‘form A restriction’ if you cannot provide any of the evidence of severance options listed in form SEV.

Prepare any supporting documents you need to include.

Send the form and supporting documents to HM Land Registry’s Citizen Centre. There’s no fee.

Supporting documents

You should include an original or certified copy of the notice of severance signed by all the owners.

If you cannot get the other owners’ signatures you can instead send a letter certifying that you’ve done one of the following with the notice of severance:

given it to all the other owners

left it at the other owners’ last known home or business address in the UK

sent it by registered post or recorded delivery to the other owners’ last known home or business address and it has not been returned undelivered

How to apply if the other owners agree to the change

Download and fill in form SEV to register a ‘form A restriction’ if all owners agree.

Where to send your application

Change from tenants in common to joint tenants

You need the agreement of all the other joint owners to change from being tenants in common to joint tenants.

How to apply

Fill in a new or updated trust deed - a conveyancer can help you do this.

Download and fill in the form to cancel a restriction, if one has been registered.

Send the form and documents to HM Land Registry’s Citizen Centre. There’s no fee.

Supporting documents

You must include one of the following:

an original or certified copy of the new or updated trust deed signed by all the owners

a certified copy of a transfer showing that all owners with individual shares of the property have transferred these to all the beneficial joint tenants

a certificate from your conveyancer confirming that all owners with shares of the property have signed a new trust deed

You must also include either:

a statutory declaration prepared by your conveyancer

a ‘statement of truth’ - either one you’ve prepared yourself or using form ST5

A statement of truth must be:

in writing and include the wording “I believe that the facts and matters contained in this statement are true”

signed by the person who makes it

The supporting documents must prove all the following:

nobody else except the named joint owners have shares of the property

none of the joint owners is being made bankrupt, has a charging order from creditors or is mortgaging their share of the property

all the joint owners now own the property together as beneficial joint tenants

Where to send your application

Selling when an owner has lost mental capacity

You must apply to the Court of Protection if all of the following apply:

you’re one of 2 or more owners of property or land

one of the owners has lost ‘mental capacity’

you want to sell the property or land

Losing mental capacity means someone cannot make a decision for themselves at the time it needs to be made.

This means that:

the owner who’s lost mental capacity cannot sign legally binding documents and needs help to make decisions

you’ll have to apply to appoint someone to take the place of the owner who’s lost capacity so the sale can go ahead

Appoint someone to act on behalf of an owner

You’ll have to appoint someone to act on behalf of the owner who’s lost mental capacity even if:

you’re already acting on behalf of an owner as a ‘deputy’

the Official Solicitor is a ‘litigation friend’ for an owner

You may not need to apply if you’ve got a registered power of attorney.

Read the guidance on the sale of jointly owned property (COP GN2) to find out if you need to apply.

Get the forms

Download and fill in:

the Court of Protection application form (COP1) so you can appoint someone who can deal with the sale of the property

the special undertaking by trustees (COP12)

an information form (COP1D)

the witness statement (COP24) - use the guidance on the sale of jointly owned property (COP GN2) to fill this in

another witness statement (COP24) as a certificate of fitness (for example, a character reference) if you’re not appointing yourself or your solicitor to act for the owner

Fees

It costs £365 to apply. You might have to pay an additional £485 if the court decides there needs to be a hearing.

Read the fees guidance to find out when you might not have to pay.

Enquiries

Contact the Court of Protection for help and to find out if you need to fill in other forms.

You can also write to the Court of Protection or visit the public counter.

You cannot get legal advice from court staff.

Send your application

Send the original and one copy of each of the following to the Court of Protection:

the application forms

witness statement

a copy of the entries at HM Land Registry if the sale includes any registered land

a copy of the conveyance if the property is unregistered

any other documents and information asked for

Tell people about your application

The Court of Protection will send you a copy of your application forms, stamped with an issue date, a week after you apply.

You must tell (‘serve’) anyone named in your application (such as the person who’s lost capacity) about applying within 14 days of the issue date.

Read the guidance at the end of application form COP1 to find out who to tell.

Send them:

a notice that an application form has been issued (COP15)

an acknowledgment form (COP5) so they can confirm they’ve been told about this

You can tell them:

by post to their home address

by fax

in person

Confirm you’ve told people

Within 7 days of serving the documents, you must download and fill in the forms (‘certificates of service’) confirming you’ve told:

the owner who’s lost mental capacity (COP20A)

other people named in the application (COP20B)

Send them all together to the Court of Protection.

After you apply

Read the guidance to find out what happens if you have to attend a Court of Protection hearing.

Update the property records after you’ve appointed someone to act for the owner who’s lost mental capacity.

If your application is rejected and you did not have a hearing

You can ask for a decision to be reconsidered if your application is rejected and you did not have a hearing.

Download and fill in application form COP9.

Send the original, one copy of the form and any documents asked for in the form to the Court of Protection.

You must apply within 21 days of the decision being made.

It’s free.

If your application is rejected and you had a hearing

You can appeal the decision if your application is rejected and you had an oral hearing.

Download and fill in the appellant’s notice (COP35).

Send it and any other documents asked for in the form to the Court of Protection.

You must apply within 21 days of the decision being made or within the time limit set by the judge who rejected your application.

Fees

It costs £320 to apply. You might have to pay an additional £485 if the court decides there needs to be a hearing.

Read the fees guidance to find out when you might not have to pay.

Emergency applications

Contact the Court of Protection to make an emergency application, for example to stop someone who lacks mental capacity being removed from where they live.


Leasehold property

Overview

You only own a leasehold property for a fixed period of time.

You’ll have a legal agreement with the landlord (sometimes known as the ‘freeholder’) called a ‘lease’. This tells you how many years you’ll own the property.

Ownership of the property returns to the landlord when the lease comes to an end.

Most flats are leasehold. Houses can be leasehold too and usually are if they’re bought through a shared ownership scheme.

The rules about leasehold property are different in Northern Ireland.

Leaseholder rights and responsibilities

Your responsibilities

Your lease will tell you what conditions you’ve agreed to, for example:

if you need permission to make alterations

how much you’ll have to pay to maintain the property

whether you or your landlord has responsibility for repairs and dealing with noisy neighbours

You might be taken to court and be ordered to pay for any damage If you do not follow the conditions of the lease. The court may also take away your lease.

Your rights

You have the right to:

get information about service charges or insurance

know the landlord’s (freeholder’s) name and address

be consulted about certain maintenance and running costs

challenge certain charges under some circumstances

Service charges and other expenses

Service charges

Your lease sets out the way the service charge is organised and what can be charged. If you pay a service charge, you have the right to:

ask for a summary showing how the charge is worked out and what it’s spent on

see any paperwork supporting the summary, such as receipts

Your landlord must give you this information - it’s a criminal offence if they do not.

Ground rent

You do not have to pay ground rent unless your landlord has sent you a formal, written demand for it. They can take legal action if you do not pay after you’ve received the demand.

Your landlord can recover unpaid ground rent going back 6 years - they can ask you for the full amount in one go.

Your landlord can only increase the ground rent if you agree to the increase or the lease says this can happen.

Building insurance

Your landlord will usually be responsible for insurance of the building (not the contents) - this will be part of your service charge.

You have a right to:

ask for a summary of the insurance policy

challenge the cost through a tribunal if you think it’s unreasonable

Reserve or sinking funds

You might have to pay into a fund to help cover any unexpected maintenance or repairs, like replacing the roof. There are rules about how landlords must manage these funds.

You will not usually be able to get back any money you pay into them, for example if you move house.

Consulting over charges

You have the right to be consulted about charges for running or maintaining the building if you have to pay more than:

£250 for planned work

£100 per year for work and services lasting more than 12 months

There are steps your landlord must follow when they consult you, known as a ‘Section 20’ consultation. There’s a limit on how much you have to pay if you have not been consulted properly - contact Leasehold Advisory Service for advice.

Disputing a charge

You may be able to apply to a tribunal if you pay a charge and you:

think it’s unreasonable

think the standard of work it relates to is unsatisfactory

do not think you should be paying it at all

You cannot apply to the tribunal if:

you’ve agreed to pay the charge

the dispute is already being dealt with, for example by the court

you pay a fixed charge

Try mediation - you may also be able to change the management of your building instead.

Your landlord can take you to court if you stop paying a charge you’re responsible for.

More information

The Leasehold Advisory Service has more information on service charges and other issues.

Extending, changing or ending a lease

Extending the lease

You can ask the landlord to extend your lease at any time.

You might be able to extend your lease by:

90 years on a flat if you qualify

50 years on a house if you qualify

The Leasehold Advisory Service’s (LAS) lease extension calculator gives you a guide to the costs of extending the lease of a flat.

Changing the lease

You can negotiate certain changes to the lease, sometimes known as ‘varying the lease’. Speak to your landlord first.

If you cannot agree, you may be able to apply to a tribunal - contact Leasehold Advisory Service for advice.

Ending the lease

It’s very rare that a landlord can end the lease and evict you. There are some circumstances and leases that let them do this, sometimes known as ‘forfeiture proceedings’. They need to send you a formal written notice and get the court’s permission.

You can usually end a lease by giving at least 1 month’s notice.

The LAS has information about ending a lease.

When the lease runs out

You do not have to leave the property when the lease expires. In law, a lease is a tenancy and the leaseholder is a tenant. The tenancy will continue on exactly the same terms unless you or the landlord decide to end it.

Buying the freehold

You can ask the landlord to sell you the freehold at any time.

There are different legal steps and rules depending on whether your home is a:

flat - you’ll need to buy a share of the freehold

house - you may have the right to buy the freehold

Right of first refusal

Landlords who want to sell the freehold of a building containing flats usually have to offer the leaseholders the first chance to buy it. This is known as your right of first refusal.

There are different rules and steps to buying the freehold of your home in Northern Ireland

Right to Manage and management disputes

You may be able to change the management of your building if you’re unhappy with the way it’s being run and you live in a leasehold flat. You can either:

ask a tribunal to appoint a new manager

take over the management responsibilities, known as your ‘Right to Manage’

Appoint a new manager

You must prove bad management if you want to appoint a new manager, for example:

you have to pay unreasonable service charges

the landlord has not complied with an approved code of management practice

Apply to a tribunal in England, or the Leasehold Valuation Tribunals in Wales.

You can only apply to the tribunal if you’ve sent the landlord a ‘Section 22 notice’ - this gives them a chance to fix the problems. Contact Leasehold Advisory Service for advice.

Right to Manage

The Right to Manage lets you and the other leaseholders take over certain management responsibilities from the landlord without having to prove bad management.

You’ll need to find out if you qualify - contact Leasehold Advisory Service for advice.

You and the other leaseholders can manage the building yourselves or pay a managing agent to do it.

Leasehold disputes

There is a different dispute process in Wales.

You can use a mediation service to help you and your landlord come to an agreement if you are in dispute about your lease. You might have to pay a fee.

You can also get free advice from the Leasehold Advisory Service (LAS) on issues like:

service charges

extending your lease

buying the freehold

Apply to a tribunal

You can apply to a tribunal if you’re in a dispute with your landlord, for example:

service or administration charges

the cost of building insurance

appointment of a manager

Right to Manage

breach of a lease

varying a lease

recognising a tenants’ association

buying the freehold

extending the lease

Apply to the Leasehold Valuation Tribunals if you’re in Wales.