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A9 roadwork disruption paves way for potential property claims

By Philippa Orr

The dualling of the A9 is Scotland’s largest ongoing transport project, upgrading 80 miles of single carriageway between Perth and Inverness and costing £3 billion. The scheme consists of 11 different projects and as of August 2022 the only ones completed were the Kincraig to Dalraddy section and the Luncarty to Pass of Birnam section. 

In order to undertake large transport projects, such as converting the A9 to two carriageways, Scottish ministers use their powers compulsorily to purchase large areas of land from farmers, estate owners and residential property owners along the length of the road. Any owner, or qualifying occupier, who has had land acquired will have a right to claim compensation for their losses, including but not limited to the value of the land taken, severance, ‘injurious affection’ – depreciation in land value as a result of proposed construction, and disturbance.

Where ministers do not purchase any of an individual’s property, remedies may still be payable. In accordance with Part 1 of The Land Compensation (Scotland) Act 1973 (the Act), recompense can be claimed for the depreciation in value to their property as a result of the physical factors associated with the use of the newly dualled A9.    

These include noise, vibration, smell, smoke, artificial lighting and the discharge of any solid or liquid matter onto an individual’s property. However, a Part 1 Claim does not compensate individuals generally for the loss of amenity they may suffer as a result of the scheme.

In order to receive compensation under Part 1 of The Act, the individual must be the owner of the property before the date the road first came in to public use and must also still be the owner on the date that the claim is submitted. Part 1 Claims have to be submitted at least 12 months after the road was open to the public and claims need to be made within five years.

For the Kincraig to Dalraddy section of the A9, the road officially opened on 30 September 2017, which meant that Part 1 Claims could be submitted from 1 October 2018. However, in order to receive compensation, claims for this section of road must be submitted before 1 October 2023. So there is only just over one year left to claim.

The Luncarty to Pass of Birnam section of the A9 was officially opened to traffic on 28 August 2021 and therefore Part 1 Claims can be submitted from 29 August 2022 until 29 August 2027.

To anyone living close to the A9 between Kincraig and Dalraddy or Luncarty to Pass of Birnam who may have suffered depreciation on your property because of the physical aspects of the A9 dualling – do consider your options, and feel free to get in touch for advice and assistance in preparing your Part 1 Claim.  

Telephone: 07917 220779
Email: philippa.orr@galbraithgroup.com