Land Comp Manual - Section 16 - Estimates, Negotiations, Reports, Advance Payments and Office Procedures


Part 1 : Estimates

Scope of Part I

16.1 General

16.2 Reports and Chapter Instructions

16.3 Estimates

16.4 Avoidance of delay

16.5 Urgent cases special procedure

Estimates for CPO - what to include

16.6 General

16.7 Insufficient data to make accurate estimate

16.8 Disturbance payments s.37 Land Compensation Act 1973

16.9 Claims from properties where no land is acquired

16.10 Home Loss Payments

16.11 Restrictions

16.12 Contingencies

16.13 Cases which will not subsequently be negotiated by the DV

Estimates for CPO - what to exclude

16.14 General

16.15 Accommodation works

Reports

16.16 General

16.17 Where Rule 5 may apply

16.18 Minerals

16.19 Validity clause

16.20 Suggestions of possible saving of compensation

16.21 Review of estimates

16.22 Auction reserves

Purchase of land at auction

16.23 General

16.24 Basis of valuation

16.25 Land owned by government departments

16.26 DV advising OGD and local authority

16.27-35 Reserved

Part 2 : Negotiations

Role of the DV

16.36 General

16.37 Settlements to be provisional only

16.38 Negotiations “subject to contract” and/or “without prejudice”

16.39 Vendor's professional expenses

16.40 Charities, engagement of surveyor

16.41 Reinvestment cost of charity trustees

16.42 DV's letter is not Notice to Treat

Conduct of Negotiations

16.43 Prevention of delay

16.44 Prolonged negotiations

16.45 Insufficient data to make an offer

16.46 Claimant not professionally represented

16.47 Acquiring authority have not negotiated successfully

16.48 Land owned by member or officer of the acquiring authority

16.49 Timing of offers

16.50 Permissible margin

16.51 "Nominal" compensation

16.52 Omission of item of claim or under-valuation

16.53 Apportionment of rent

16.54 Set off for betterment

16.55 Exchanges of land

Claimant's conditions

16.56 General

16.57 Accommodation works

16.58 Assessment to be all embracing

16.59 Items left in abeyance

16.60 Abortive negotiations where entry has been taken

16.61 Permission for additional development granted after acquisition

16.62 Exceptions

16.63 Procedure for claiming additional compensation

16.64 Subsequent claims

16.65 Agreement to the full and final settlement of claims

16.66 Subsequent disposals after compulsory purchase

16.67-69 Reserved

Part 3 : Reports

General

16.70 Scope

16.71 Function of reports

16.72 Markings; "In Confidence" and "Informal Advice"

Content of reports

16.73 Facts and incidents affecting value

16.74 Safeguarding clauses

16.75 Validity clauses

16.76 Disposals where stage payments applicable

16.77 Disposals where stage payments not applicable

16.78 VOA instructions

16.79 Details of valuation and information from confidential sources

16.80 Wording of Opinions of Value

16.81 Signature of reports

16.82 Plans

16.83 Valuation to be recorded in case file

Form of Report

16.84 General

16.85 Report cover

Formal Reports

16.86 General

16.87 Printed forms

16.88 Reports in letter form

16.89 Local Government (Access to Information) Act 1985

16.90 Latent Damage Act 1986

Informal Reports

16.91 General

16.92 Safeguarding clauses

16.93 Oral reports

Negligence

16.94 General

16.95 Buildings

16.96 LA mortgage valuations

16.97 Right to Buy

16.98 Landlord and tenants; business tenancies

Contaminated Land

16.99 General

16.100 RICS 'White Book'

Part 4 : Advance Payments

16.101 General

16.102 Highway Agency cases

16.103 S.52 LCA 1973

Requests for advance payment

16.104 General

16.105 Amount

16.106 Mortgage

16.107 Recovery

16.108 Time Limit

16.109 Registration and effect on interest

16.110 Request made to DV direct

16.111 Additional information

The Estimate

16.112 General valuation considerations

16.113 Rule 5

16.114 What to include

16.115 Partial entry

16.116 Mortgage

16.117 Revised estimate of compensation and interest

Discretionary Advance Payments

16.118 General

16.119 Application made direct to DV

16.120 Advice as to the authority and general responsibility

16.121 Expedition

16.122 Information

16.123 Mortgages

16.124 Limits

16.125 Amount

16.126 Overpayment

All Cases

16.127 Accommodation works

16.128 Advice when DV not negotiating

16.129 Reports

16.130-145 Reserved

Part 5 : Office Procedure

General

16.146 Scope

16.147 Tribunal or court decision and legal advice (see also Section 17)

16.148 Assessment to be all embracing

Supply of Information

16.149 Trade claims (see also Section 4)

16.150 Tenant's interest in agricultural land (see Section 8)

Services of the Mineral Valuer

16.151 General

16.152 Minerals

16.153 Mining subsidence

16.154 Surface interest

16.155 Spoil heaps

16.156 Crown sea bed

Services of Plant & Machinery Valuer

16.157 Plant & Machinery (see also Sections 4 and 8 and Chapter 1B)

16.158 Formal advice

16.159 Informal advice

Issued

Subject

Services of Regional Building Surveyors

16.160 Regional Building Surveyors

Services of Commercial Property and Development Specialist

16.161 Commercial Development Schemes

16.162-170 Reserved

Appendix 16/1 : Reports Checklist of Matters to Which Reference May Be Required

Appendix 16/2 : Additional Development Clauses : Compulsory Purchase cases

Planning Blight cases

Practice Note 16/1 : State of Repair of Buildings

Practice Note 16/2 : High Alumina Cement Concrete

Practice Note 16/3 : Minerals

Practice Note 16/4 : Planning

Practice Note 16/5 : Validity Clauses

Practice Note 16/6 : Description

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