Land Comp Manual - Section 5 - Costs and Fees

Part 1 : Legal Costs

Acquisitions

5.1 General

5.2 Wording of offer

5.3 Solicitors' charges

5.4 Use by the vendor of the acquiring authority's solicitor

5.5 Acquisition following the service of a "blight" notice

5.6 Acquisitions by agreement under s.26(2) LCA 1973 or s.246(2)

Compensation Costs

5.7 General

5.8 Solicitor's incidental costs

5.9 "Harvey" costs

5.10 Solicitor negotiating

5.11 Reports

Disposals

5.12 Leases

5.13 Disposals by Government Departments

5.14 Where disposing Departments do not rely wholly on VOA for advice

5.15 Transfer between Exchequer Departments

Part 1 Land Compensation Act 1973

5.16 Legal costs

5.17-19 Reserved

Part 2 : Surveyors' Fees

General

5.20 Surveyors' fees

Ryde's Scale (1996)

5.21 General

5.22 Historical

5.23 Subsequent abandonment of Ryde's Scale

Assessment of fees post Ryde's Scale

5.24 Introduction

5.25 General principles

5.26 Time costing to be adopted as normal basis

5.27 Fee to be commensurate with size of claim

5.28 Ryde's Scale (1996) and ad valorem fees

5.29 Scope of reimbursement

5.30 Success related fees

5.31 Unsuccessful claims

5.32 Betterment and 'nil' compensation

5.33 Travelling time and costs

5.34 Time recording

5.35 Mitigation of costs

5.36 Retained surveyor

Value Added Tax

5.37 General

5.38 Application of VAT to surveyors' fees

5.39 Use by claimant of staff surveyors

5.40 No land taken

5.41 Travelling and out of pocket expenses

5.42 Reports

5.43 Summary

5.44 Information

Procedure at start of case

5.45 Opening letters

Appendix 1 : Ryde's Scale 1996, Surveyors Fees for Compulsory Purchase Work

1. General Note

2. The Scales

2.1 The Scale for Non-Agricultural Property (TABLE A)

2.2 The Addition for Leasehold Interests (TABLE B)

2.3 The Scale for Agricultural Property (TABLE C)

2.4 The Scale for Disturbance and for Severance and Injurious Affection (excluding agricultural property and properties occupied solely as private dwellings) (TABLE D)

2.5 The Scale for Disturbance and for Severance and Injurious Affection in relation to Agricultural Property and for Compensation Payable in Wayleave, Pipeline, Sewerage and similar cases (TABLE E)

2.6 The Scale for Disturbance and for Severance and Injurious Affection in relation to Properties occupied solely as Private Dwellings (TABLE F)

3. Notes to Ryde's Scale (1996)

3.1 The Scale for Non-Agricultural Property

3.2 The Addition for Leasehold Interests

3.3 The Scales for Agricultural Property

3.4 Wayleave, Pipeline, Sewerage and similar cases

3.5 The Scales for disturbance and/or severance and injurious affection

3.6 No land acquired from claimant

3.7 Rights other than interests in land

3.8 Lands Tribunal or court attendance

3.9 Objections to compulsory purchase orders

3.10 Betterment

3.11 Accommodation works

3.12 Travelling and out-of-pocket expenses

3.13 Claims under the Town and Country Planning Act 1990 and the Town and Country Planning (Scotland) Act 1972 (other than under Parts V and VII respectively of the Acts)

3.14 Aggregation

3.15 Effect of tax liability on amount of compensation

3.16 Fees on fees

3.17 Value Added Tax

3.18 Payments other than compensation

3.19 Schedules of Condition

3.20 Valuation of special assets

3.21 Interest on surveyors' fees

3.22 Inclusion of surveyors' fees in advance payments

3.23 Abatement of fees for salaried employees

3.24 Agricultural dwellinghouses

3.25 Compensation for equivalent reinstatement

3.26 Wildlife and Countryside Act 1981

3.27 Ground Investigations in connection with Highway Schemes

TABLE A: The Scale for Non-Agricultural Property

Ryde's Scale (1996)

TABLE B The Addition for Leasehold Interests

Ryde's Scale (1996)

TABLE C The Agricultural Scale

Ryde's Scale (1996)

TABLE D The Scale for Disturbance and Severance and Injurious Affection (Excluding Agricultural Property and Private Dwellings)

Ryde's Scale (1996)

TABLE E The Scale for Disturbance and Severance and Injurious Affection (Agricultural Property)

Ryde's Scale (1996)

TABLE F The Scale for Disturbance and Severance and Injurious Affection (Property Occupied Solely as a Private Dwelling)

Ryde's Scale (1996)

Appendix 2: Vat On Surveyors’ Fees For Compulsory Purchase Work (Fees Paid To Claimant)

Appendix 3 : VAT on surveyors’ fees for compulsory purchase work (fees paid direct to surveyor)

Appendix 4 : Payment Of Vat On Surveyors' Fees

The contents of Appendices 5/2 and 5/3 are set out below in tabular form.