Need to Sell scheme - gov.uk › ... · HS2 Need to Sell scheme Guidance notes and frequently asked questions 1 1.1.1 This guidance and application form provides information for owners

Need to Sell scheme Guidance notes and frequently asked questions

Property schemes

CS954a 06/19 www.hs2.org.uk

High Speed Two (HS2) Limited,

Two Snowhill

Snow Hill Queensway

Birmingham B4 6GA

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HS2 Need to Sell scheme Guidance notes and frequently asked questions

1 Introduction 1

2 The Need to Sell scheme 1

Before applying 1

Statutory Blight 2

RSZ cash offer option 2

3 Criteria 4

Criterion 1 – Property type 4

Criterion 2 – Location of property 7

Criterion 3 – Effort to sell and the impact of blight 8

Criterion 4 – No prior knowledge 11

Criterion 5 – Compelling reason to sell 13

4 Application process 14

Step one: Submitting the application and supporting evidence 15

Step two: NTS Secretariat reviews your application 16

Step three: Consideration by the panel of professionals 17

Step four: Decisions on applications by the Secretary of State 17

Representation throughout the application from professionals and others 18

Accepted applications and offer made 19

5 Frequently asked questions 20

6 Compelling reasons to sell 33

Contents



1

1.1.1 This guidance and application form provides information for owners of properties that may be

affected by any part of the High Speed Two (HS2) route and who have a compelling reason to sell

their property. This is the Need to Sell (NTS) scheme.

1.1.2 This scheme is part of the long-term measures which replaced the Exceptional Hardship Scheme

(EHS) for Phases One and 2a in January 2015 and May 2016, and Phase 2b in November 2016.

1.1.3 The Government has established the NTS scheme to support property owners who have a

compelling reason to sell their property, but are unable to do so other than at a significant loss

due to HS2, or if they are unable to sell their property, would face an unreasonable burden in the

next three years.

1.1.4 The NTS scheme for each phase will run until 12 months after that phase opens for public use.

1.1.5 As confirmed in the Phase 2b Design Refinement Consultation published on 6 June 2019, the NTS

scheme is being made available on an interim basis to owners of properties affected by the

passive provision of proposed junctions which may in the future enable links between HS2 and

any Northern Powerhouse Rail (NPR) network. References to “HS2”, and “HS2 route” within this

guidance includes these junctions.

2 The Need to Sell scheme

2.1.1 The NTS scheme is available to eligible owner-occupiers who can demonstrate that they have a

compelling reason to sell their property, but have been unable to do so other than at a

substantially reduced value, as a result of the HS2 route. Where applicants are successful in their

application, the Government would agree to purchase a property at its unblighted open market

value (i.e. the value of the property as it would have been without any effect arising from the

high-speed rail proposals).

2.1.2 The NTS is a non-statutory scheme (it is not required by law). It is administered by HS2 Ltd on

behalf of the Government. Applications will be considered against the scheme criteria by a panel

of three fully independent professional members, who will recommend to the Secretary of State

for Transport whether an application should be accepted. In most instances, the

recommendation will be reviewed and a final decision made by a Senior Civil Servant with

delegated authority from the Secretary of State. However, if the Senior Civil Servant disagrees

with the panel’s recommendation, the case will be decided by the Secretary of State or a Minister

with delegated authority.

Before applying

2.1.3 You should first check whether you may be eligible for Statutory Blight, Express Purchase or Rural

Support Zone (RSZ) cash offer/voluntary purchase options before applying under the NTS

scheme.

1 Introduction


2

2.1.4 The graphic on the next page shows the property schemes that are available now, and those

schemes that will be made available in the future. More information on all the schemes, as well

as maps on which you can check your eligibility, are available at www.gov.uk/claim-compensation-

if-affected-by-hs2

Statutory Blight

2.1.5 The Secretary of State for Transport has issued safeguarding directions for all phases of the HS2

route. Eligible owner-occupiers whose properties fall wholly or partly within the ‘safeguarded’

area are able to serve a Statutory Blight Notice on the Government, requesting the purchase of

their property under the provisions of the Town and Country Planning Act 1990.

RSZ cash offer option

2.1.6 A property owner who has already claimed a cash offer under the RSZ scheme is still able to

apply to the NTS scheme, and if your application was successful under the Need to Sell scheme

we would recoup the cash offer payment, plus statutory interest from the Need to Sell purchase

price.

2.1.7 Where a cash offer has been claimed under the RSZ scheme, and an NTS scheme application has

subsequently been made where HS2 construction or operational impacts contribute to a

compelling reason to sell, the panel and decision maker will specifically consider whether there

has been a significant change in construction or operational plans, and the predicted impact on

the property to which the application relates since the cash offer was claimed. Evidence that

would be considered would include, but would not be limited to, environmental statements (draft

and final), or revised realignments of the line of route.

2.1.8 The panel and decision maker will also consider any change in the applicant’s personal

circumstances since the cash offer was claimed.

http://www.gov.uk/claim-compensation-if-affected-by-hs2

http://www.gov.uk/claim-compensation-if-affected-by-hs2


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3.1.1 It is in your interests to provide as much supporting evidence as possible to help the independent

panel make an informed recommendation, and the Senior Civil Service member / Minister make

an informed decision, on your application.

3.1.2 In exceptional circumstances, where an application does not meet all the criteria but a strong

overall case can be made for the purchase of the property, the panel may recommend exercising

discretion.

3.1.3 The application form includes a full list of information and documentation that can be used as

evidence to prove eligibility under the criteria.

Criterion 1 – Property type

Do I have an interest in the property which means

I am eligible to apply?

YES

I am an owner-occupier of a private residency

YES

I am an owner-occupier of a business

YES

I am an owner-occupier of an agricultural unit

YES

I am a mortgagee (e.g. a bank)

YES

I am a personal representative of a deceased person

YES

I am a reluctant landlord

3.1.4 To be eligible for the NTS scheme, you must provide evidence that you have a qualifying interest

in the property. The definition of a ‘qualifying interest’ is contained in Part 6, Chapter II of the

Town and Country Planning Act 1990. It includes:

resident owner-occupiers of private residential properties;

owner-occupiers, or leaseholders with at least three years remaining on the lease of business

premises with an annual rateable value of not exceeding £44,200 in Greater London or

£36,000 for the rest of England (please refer to your local authority’s business rate banding

for further details of rateable values); and

owner-occupiers of agricultural units.

3.1.5 Owner-occupiers, or leaseholders with at least three years remaining on the lease of business

premises with an annual rateable value under the thresholds detailed above are eligible for the

NTS scheme. Any offer made under the scheme would only be for the unblighted market value of

the premises; a business itself cannot be sold as a going concern to the Government under this

scheme nor will any compensation be payable for the winding up or relocation of the business.

3.1.6 Owner-occupiers must have an ‘owner’s interest’ on the date the application is signed. This is

either a freehold or leasehold interest in the property. If it is a leasehold interest, the tenancy

must be signed for a certain term of years, not less than three years of which remain unexpired

on the date the application is signed.

3 Criteria


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3.1.7 For the purpose of the NTS scheme, the following property interests will also be able to apply:

mortgagees with a right to sell the property and who can give immediate vacant possession;

personal representatives of a deceased person who had one of the above qualifying interests

at the time of death; and

‘reluctant landlords’ – individuals who can demonstrate that they had a compelling reason to

sell at the time they moved out of the property in order to avoid or escape a situation of

unreasonable burden, and that letting the property could provide only temporary relief from

this burden, and they do not own another home.

3.1.8 Ownership of a freehold or leasehold interest is defined by the names on the Land Registry title –

or, for ‘unregistered land’, on the title deeds or conveyance for the property.

3.1.9 If you only wish to sell part of your property, you must clearly state this in your application and

provide a clear plan of the area you wish to sell. This must also correspond with the area you

have marketed for sale.

3.1.10 An applicant who is an owner-occupier will need to show that they meet occupancy

requirements.


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Do I meet the occupancy requirements?

Private residency

must either be living in the property at the date on which the application is submitted and must have owned it and lived in it as their main residence for at least six months before that date;

OR

if the property is empty, must have lived there for at least six months prior to it being empty, provided that it has not been empty for more than 12 months and has not been occupied by anyone else since.

Business premises

must hold a qualifying interest in the premises at the date of application and must have owned or leased it for at least six months before that date and have operated a business from there throughout this time;

OR

if the property is empty, the applicant must have operated a business from there for at least six months prior to it being empty, so long as it has not been empty for more than 12 months.

Agricultural unit

must have had a qualifying interest in the agricultural unit and have occupied it for at least six months before that date;

OR

if the agricultural unit is not occupied, the applicant must have a qualifying interest in it, and must have occupied it for at least six months prior to it being empty, so long as it has not been unoccupied for more than 12 months;

AND

for the purpose of these schemes, we also require that the main residence of the owner is located on the agricultural unit

Non-residents

must have the right to sell the property and can give immediate vacant possession.

Representatives of a deceased person:

In such cases, the Land Registry title for the property does not need to be updated with the name(s) of the beneficiary under the will.

Entitlement can be proven by submitting relevant documentation demonstrating entitlement, such as a death certificate, a will and grant of probate and letters of administration.

Reluctant landlords must show that:

the property applied for is the only property that the applicant(s) own(s) and the applicant ceased to reside at the subject property after the announcement of the section of route closest to their property (see page 11 for list of dates) and the applicant(s) now live in accommodation that they do not own.


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Criterion 2 – Location of property

3.1.11 Is your property in such close proximity to the HS2 route that it would be likely to be

substantially adversely affected by either the construction or the operation of

the new line?

3.1.12 Distance from the route is one factor, but others include:

the particular characteristics of the property and the nature of its local area, including its

position and its surroundings;

the character of the line once completed (e.g. whether it will run in a cutting or on a viaduct);

the likely impacts of the construction of the line in the area;

the topography of the area (e.g. whether it is a flat flood plain or hilly); and

the distance to any nearby points of significant change to the character of the line (for

example, a cut-and-cover tunnel entrance or a viaduct).

3.1.13 The panel will consider each application on a case-by-case basis, taking into account the variable

characteristics of the HS2 route. When considering an application, the panel will use engineering

and construction drawings, mapping software and aerial photographs (if available) provided by

HS2 Ltd to consider the impact of the construction or operation on the applicant’s property. If

they wish to, applicants may also submit their own photographic evidence of the features of their

property and the immediate vicinity to support their statements about the effects on their

property.

3.1.14 In a case where a property is located near to a proposed junction which may in the future enable

a link between HS2 and any NPR network, the panel would take into account the construction

impacts only arising from the ‘passive provision’ which would enable the junction to be built.

Creating “Passive provision” means that the Government is making plans now to enable a

potential future NPR network to connect onto the HS2 network so that its construction would not

disrupt HS2 services in the future. The impact of a junction’s future use as part of any NPR

network would not be considered by the NTS panel, nor would any potential operational impacts

of future NPR rail lines, which are out of scope of the HS2 project and the NTS scheme.

3.1.15 Overview and detailed maps, with which you can gauge the proximity of your property to the HS2

route, can be found at: www.gov.uk/hs2

3.1.16 There is no fixed distance within which a property must be situated in order to satisfy this

criterion. The purpose of this criterion is to determine whether a property’s location means that it

would be likely to be substantially adversely affected by the construction or operation of the HS2

route. The location criterion is needed to link the geography of the property to the HS2 route and

will take into account the variable characteristics of the HS2 route. This is not designed to

determine generalised blight: that is assessed separately under the ‘effort to sell and the impact

of blight’ criterion.

3.1.17 If any changes to the HS2 route are announced, applications received in the three months after

the announcement date would be considered against both the old route and the new route. The

property would only need to meet the criterion for one of these routes for the application to be

accepted. After three months from the date of the route change announcement, applications will

be considered only against the new route.


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Tunnels

3.1.18 Under this criterion, the panel will only consider surface construction and eventual infrastructure,

which constitutes surface or cut-and-cover/green tunnelled sections of the route, vent shafts and

tunnel entrances (or any other surface infrastructure). The panel will not consider bored (deep)

tunnels near the property.

Homeowner Payment scheme Zone

3.1.19 If your property is located within the existing or proposed boundaries of the Homeowner

Payment (HOP) scheme zone, this does not necessarily mean that the property will be affected by

the construction or operation of HS2. The HOP scheme provides a cash payment to property

owners living close to the HS2 railway in rural areas and where the railway is not in a tunnelled

section. Payments made under the HOP scheme are not compensation, nor are they intended to

address generalised blight. The scheme’s intention is to provide an early share of the benefits of

HS2 to property owners who may not otherwise directly benefit from the railway because their

property is not close to an HS2 station stop. It is therefore possible for a property to be located

within a HOP zone, but not to be substantially adversely impacted by the construction or

operation of HS2.

Criterion 3 – Effort to sell and the impact of blight

3.1.20 The purpose of this criterion is to determine whether it is the blight resulting from HS2,

rather than any other factor, which is the reason why the property has not been sold or

could not be sold, other than at a substantially reduced value (blighted value).

You will be expected to provide evidence to show that:

You have sought marketing proposals from at least three recognised estate agents, including

proposals for what a realistic unblighted asking price for your property should be;

Your property has been on the market for at least three months immediately prior to the

date of application, with at least one recognised estate agent. We would suggest that you

continue to market your property at least until the outcome of your application is decided;

You have made all reasonable efforts to sell your property in the context of the current

market, including testing more than one asking price;

HS2 is the reason that the property has not been sold or cannot be sold – other than at a

substantially reduced (blighted) value – through feedback from viewings or those who have

chosen not to view;

and;

You have not received an offer within 15% of its realistic unblighted asking price, or you can

show evidence that an offer received above this level represents a blighted offer.

3.1.21 We use the term ‘recognised estate agent’ to mean an estate agent with experience of marketing

properties in the local area, advertising through a variety of media. This can include estate agents

who do not have a physical presence in the local area, but who, for example, speak to potential

viewers, collect feedback, provide a ‘For Sale’ board (or online listing), and a floor plan, and take

professional photographs.


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Offers received

3.1.22 The requirement that all reasonable efforts should have been made to sell a property and that,

despite those efforts, no offers have been received within 15% of its realistic unblighted asking

price, helps to demonstrate any effect of HS2. We make the distinction between the asking price

of the property and the final purchase price of the property; the asking price is set with the aim of

achieving the best possible price. We would not expect applicants to accept the blighted value of

the property (i.e. the amount that the property is worth following the HS2 announcement). If you

have evidence that an offer received within 15% of a realistic unblighted asking price is a blighted

offer, then you should submit this.

3.1.23 If at the time you submit an application, or prior to your application being submitted to the panel

for consideration, you receive an offer for your property that is within 15% of the unblighted

asking price, we will not be able to submit your application to the panel until you are able to

demonstrate that the offer has been accepted or declined. If you decline the offer because you

consider it is a blighted offer, the panel will expect to see evidence to demonstrate this.

Applicants are not expected to accept a blighted price for their property. However, if you accept

any offer, regardless of whether it is within 15% of the asking price, the NTS Secretariat will not be

able to submit your application to the panel for consideration whilst a sale is in progress. This is

because it is not appropriate for the Government to intervene in or prevent an open market sale

or to distort or impact the property market by competing with open market buyers in order to

buy a property under the NTS scheme.

Inability to market a property

3.1.24 Evidence provided within an NTS scheme application about your attempts to actively market your

property will be carefully considered. In particular, evidence that a number of local estate agents

have refused to market the property due to HS2 is considered to be key information. In this

situation, we would not expect a property to be fully marketed. Evidence that local estate agents

have refused to market the property should be in either letters or emails from estate agents to

the applicant.

Upfront fees and paid representatives

3.1.25 We would not expect an applicant to incur upfront, non-refundable marketing fees with a

recognised estate agent that are specifically due to HS2. If you are asked for an upfront marketing

fee from an estate agent that is specifically due to the proposals for HS2, and you want this to be

taken into consideration, you must provide clear written evidence of this in your application. This

does not apply if the estate agent concerned charges upfront fees (for example, if they charge a

fee to market the property instead of receiving commission) for all properties irrespective of HS2

proposals.

3.1.26 If you choose to use a paid representative who is also your estate agent, or agent or if you enter

into an agreement with an estate agent, or agent who would gain financially from the sale of the

property specifically to the Government under an HS2 scheme, please note that any market

appraisal, feedback or other evidence provided by this estate agent or agent will not be able to

be taken into account by the panel or the decision maker. This is to protect both the

applicants and the interests of the taxpayer by only considering advice from estate agents, agents

who are deemed to be independent and therefore do not have a vested interest in profiting from

the sale of the property to the Government.


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Other routes to marketing property

3.1.27 Given the variety of options available to sellers today, this criterion recognises that ‘self-

marketing’ might form part of an applicant’s efforts to sell their property. This would include

websites that allow users to upload details of their property themselves, in the form of a listing, to

publicise its availability. However, it is unlikely that this sort of self-marketing approach would be

able to provide the same level and quality of evidence as using a recognised estate agent.

3.1.28 This criterion requires that information is to be included within an application regarding estate

agents’ marketing proposals and feedback from those who viewed – or chose not to view – the

property in question. Self-marketing efforts would not be ignored under this criterion, but the

requirement for marketing with at least one recognised agent still applies.

Examples of evidence that where possible, should be submitted in support of this criterion:

the performance of the current housing market and the efforts that sellers would ordinarily

have to make in such circumstances, particularly if they needed to sell their property (for

example, sourced from estate agents, chartered surveyors or the media);

the price at which the property would be marketed, ignoring the effect of plans for HS2 (for

example, through providing a range of market appraisals from estate agents);

evidence that you have approached at least three estate agents for a proposed asking price

and that the eventual asking price used reflects professional advice;

evidence that more than one asking price has been tried (for example, through

advertisements or correspondence with your estate agent);

the agency or sales agreement with your estate agent; if more than one recognised estate

agent has been used to market the property, all agency agreements and evidence of the

marketing carried out by all agents should be provided;

evidence that the property has been actively marketed with at least one recognised estate

agent for a minimum of three months;

the feedback provided by potential purchasers on viewings carried out during the marketing

of the property; evidence should be provided from or be able to be verified by a recognised

estate agent;

any information from the estate agent demonstrating that potential purchasers did not want

to view the property due to the anticipated impact of HS2;

evidence that an offer received was a blighted offer, such as feedback from the prospective

buyer to estate agents, and local property market information on the difference between the

asking price and the sale price;

written evidence (emails or letters) that you are unable to market your property owing to at

least three recognised estate agents refusing to take it on due to HS2.


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There are some specific instances where the Government has determined that evidence to

support an applicant’s efforts to sell the relevant property is not required. These instances are:

where an application is made by the estate of a deceased party that would have otherwise

been accepted under the RSZ scheme; and

where a reluctant landlord does not qualify for RSZ or Express Purchase, although the

location of their property would have ordinarily have qualified for these schemes, had they

met the owner-occupancy and other scheme requirements. In this circumstance they would

be seeking discretion under Criterion 1, Property Type.

Criterion 4 – No prior knowledge

Did you buy your property before you could be reasonably expected to have been aware

of the high speed rail proposals?

YES

If you completed on your purchase or lease of your property before the publication of the HS2 route section closest to your property, you will qualify.

NO

An assessment will be made (please see below).

3.1.29 If you bought or leased your property after the publication of the high-speed rail proposals

closest to your property, we may consider that purchase had been made with foreknowledge of

the HS2 route.

3.1.30 In considering this criterion, the panel and decision maker will look at:

the amount of information available at the time of purchase; and

whether this information was such that a reasonable person could have foreseen the

potential for generalised blight.

3.1.31 The relevant dates for each phase are as follows:

Phase One – 11 March 2010

Phase 2a – 28 January 2013

Phase 2b – 28 January 2013, or 7 July 2016 (proposal of M18 route through South Yorkshire

only)

In relation to NTS scheme applications relating to the route to the west of Measham, where the

route proposed is similar to the route set out in January 2013, applicants will need to show that

they were not aware that the route proposed at the time would impact on their property at the

time of purchase.


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3.1.32 Purchasers who completed after the route announcement dates may find they are now in

proximity to the HS2 route, but were not at the time of purchase following subsequent changes

or alternative options to the proposed HS2 route. In these circumstances, applicants will need to

provide satisfactory evidence that they had no prior knowledge of those route changes, or could

not reasonably have foreseen the potential for generalised blight on their property caused by the

HS2 scheme. The route changes were announced on 20 December 2010, 10 January 2012, 16

May 2013 and 25 November 2013 (for Phase One), on 30 November 2015 (for Phase 2a), and on

15 November 2016, 17 July 2017, and 6 June 2109 (for Phase 2b) and may be announced at any

point in the future.

3.1.33 There may be cases where purchases or leases were completed after the initial route

announcement, but where the purchasers were not aware of the proposals, or were unaware

that the property would be in proximity to the HS2 route. For example, if the searches relating to

the purchase or lease of the property were undertaken before the route announcement date, but

the purchase or lease did not complete until after it, the panel would take this into account.

3.1.34 Types of evidence that may be provided to successfully demonstrate that a property buyer

could not have foreseen the potential for generalised blight will include material in the public

domain which indicated the level of impact of the HS2 route on the property in question at the

time the property was acquired. This may include, but not be limited to, construction or

operational plans for the railway, route realignment information, the relevant Working Draft

Environmental Statement, and the final Environmental Statement, and records of Parliamentary

discussion on relevant proposals.

It is expected that this information will be provided by the NTS Secretariat, upon receipt of a

location specific request from the applicant, although such information sources may be referred

to directly by an applicant. Any change in the likely impact of HS2 route on their property would

need to be directly linked to evidence submitted in support of Criterion 5- Compelling reason

to sell.

3.1.35 Where the application relates to prolonged noise or disturbance, the applicant is also expected to

consider and provide evidence on how the change in impact contributes to the compelling reason

to sell.

3.1.36 This criterion is in place in order to avoid abuse of the NTS scheme by individuals buying a

property at its blighted value in order to sell it to the Government at an unblighted value later,

thereby profiting from the difference. This protects the interests of taxpayers and of those

looking to sell their property who have a compelling reason to do so. In cases where the Secretary

of State has agreed – due to extenuating circumstances described in paragraph 3.1.2 - to acquire

a property where the no prior knowledge criterion has not been met, HS2 Ltd will consider

whether it would be appropriate to make an adjustment to the price the Secretary of State is

willing to pay for the property to take account of its value at the time it was originally purchased.

(See Frequently Asked Question on page 24 “How do I demonstrate that I had no prior knowledge

of the High Speed Rail proposals?”)


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Criterion 5 – Compelling reason to sell

Do you have evidence of a compelling reason to sell your property, or that you would be

placed under an unreasonable burden if you could not sell within the next three years?

3.1.37 The NTS scheme is intended to allow for a sale at the full unblighted open market value of

properties which are blighted by the HS2 route, for those who have a compelling reason to sell.

The NTS scheme is intended to help people who would be placed under an unreasonable burden

within the next three years if they were unable to sell their property except at a significant loss

due to proposals for HS2. It is not intended to either mitigate or exploit property market

performance.

3.1.38 If you can demonstrate that an unreasonable burden would occur within three years from the

date of an application, we would expect this criterion would be met. In the final three years of the

NTS scheme, this timeframe will only extend to the end of the NTS scheme and therefore may be

less than three years. This is because the market is expected to normalise towards the end of the

operation of the NTS scheme, and one year after the HS2 railway has been first open for public

use, another property measure – Part 1 compensation – will be available. Part 1 compensation is

statutory compensation which may be claimed under Part 1 of the Land Compensation Act 1973

to address a reduction in value of a property arising from the physical impacts of an operational

railway.

3.1.39 Depending on the particular circumstances of an application, scenarios such as unemployment

or the division of assets in a divorce settlement could provide a trigger for a compelling reason to

sell. Redacted examples of applications that have been accepted and rejected under this criterion

can be found on page 34.

3.1.40 Information is periodically published online on the types of compelling reasons to sell which have

been successful and unsuccessful under the NTS scheme, and is available at:

https://www.gov.uk/government/publications/hs2-phase-one-exceptional-hardship-scheme-

applications-statistics

3.1.41 Prospective applicants to the NTS scheme should not categorise themselves as fitting into one of

these scenarios or a ‘typical’ scenario, but should instead demonstrate why they have a

compelling reason to sell their property within the next three years.

3.1.42 The winding-up of the estate of a deceased person would normally be regarded as representing a

compelling reason to sell.

3.1.43 The evidence that the applicant provides must demonstrate why they would suffer an

unreasonable burden within the next three years, as a result of the circumstances set out, if they

cannot sell their property at the current time. The evidence required is only that which

demonstrates the compelling reason to sell in the application i.e. if the reason given is not

financial (e.g. health issues) then financial evidence is not required.

https://www.gov.uk/government/publications/hs2-phase-one-exceptional-hardship-scheme-applications-statistics



14

3.1.44 If your application is wholly or partially related to health and mobility issues, the panel and the

decision maker will take into consideration the following factors when assessing applications:

Applicants should not be expected to have to take on additional support in order to

undertake routine maintenance of their property, because their medical condition(s) means

that they cannot undertake it themselves;

Applicants should not be expected to incur significant additional expense in order to modify

their property to meet their medical or mobility needs;

Applicants whose long-term health condition or disability means that they require significant

support from their family should not be expected to live in a location where they cannot

access that support;

Applicants whose medical condition(s) means that they will need to regularly use local

amenities should not be expected to remain living in a location where they cannot access

them easily and independently;

The panel and the decision maker, where they conclude that the medical condition being

suffered is likely to worsen, will have the discretion to look further ahead than three years when

considering whether to accept an application; i.e. they believe that the medical condition will not

present a compelling need to sell in the next three years, but that it would occur on a longer

timeframe. The panel and the decision maker will make the assessment on whether to exercise

this discretion on the basis of the evidence presented.

4 Application process 4.1.1 If an applicant is in receipt of a state pension, (or will be of state pensionable age within three

years of submitting their application under the NTS scheme), evidence to support plans to retire

would not generally be required in support of Criterion 5 – Compelling reason to sell - unless their

application is wholly or partially related to financial circumstances resulting from their retirement.

4.1.2 The NTS Secretariat is unable to advise applicants on evidence that may result in a successful

application, as each case will depend on their individual circumstances. The role of the NTS

Secretariat is to manage a fair and efficient decision-making process on behalf of the Secretary of

State for Transport. It is the applicant’s responsibility to supply all the relevant evidence to

support their application.

4.1.3 The NTS scheme does not require or expect applicants to commission valuations of properties by

a chartered surveyor at any stage prior to or during the application process. Those considering

the application will take into account the views of the marketing estate agents within the evidence

supplied on what the realistic unblighted asking price would be.

4.1.4 Reading and understanding the NTS scheme’s requirements is an essential part in the completion

of any application and providing sufficient supporting evidence. If you have any queries, please

contact the HS2 Helpdesk who will be able to assist you. If you have previously applied to the NTS

scheme and been unsuccessful, then you will have been contacted by your case officer to explain

why you were not successful and where your application may require different/additional

evidence in relation to one or more of the criteria. It is important that you read and understand

this feedback if you are thinking about making a further application if your circumstances have

changed or you are able to provide additional evidence.


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4.1.5 The NTS scheme is aimed at supporting those most directly and adversely affected by the HS2

proposals. It is evidence-based and decisions are taken on the facts as they are presented in an

application. An application is unlikely to be successful if it is resubmitted using the same core

information that was used in a previously unsuccessful application, hoping for a different

outcome. If there is no further meaningful evidence to submit or if there has not been a material

change in an applicant’s circumstances, the applicant will need to give serious consideration

whether there is merit in submitting a repeat application.

4.1.6 You do not need to appoint professional representatives to assist with your application. The

application process is designed so that no third party agent is needed to act on behalf of an

applicant. Having applied for the scheme, you will be allocated an HS2 Ltd Case Officer as your

main point of contact.

4.1.7 If you do need or want to ask a third party to help with your application, you can do so. Some

applicants may wish to ask a friend, relative or a professional. The application must explain the

relationship between the applicant(s) and any representative with whom we are asked to

correspond. For any statement made on the applicant(s) behalf, a representative must sign the

statement(s) and declare their name, firm and position in that firm (if applicable) and that the

information is correct to the best of their knowledge. Applicants should be aware that this

additional input from a third party may well add time to the application process.

4.1.8 If you choose to use a paid representative, or if you enter into an agreement with an estate agent,

agent who would gain financially from the sale of the property specifically to the Government

under an HS2 scheme, please note that any market appraisal, feedback or other evidence

provided by this estate agent or agent will not be able to be taken into account by the panel

or the decision maker.

Step one: Submitting the application and supporting evidence

Complete the application form and submit it with as much supporting evidence as you

can provide.

Please see the sets of examples of documentation in the application form; these are intended

to give an idea of the types of evidence that will be expected.

– Page 2 of 14: proof of identity;

– Page 4 of 14: evidencing the property type criterion;

– Page 7 of 14: evidencing the location of property criterion;

– Page 8 of 14: evidencing the effort to sell and the impact of blight criterion;

and

– Page 11 of 14: evidencing Criterion 5: Compelling reason to sell criterion.

We encourage applicants to provide evidence to cover at least the past six months, as this will

help the panel to ensure that it has a full picture of the applicant’s circumstances.


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If you don’t at first provide documentary evidence of statements made, and in original or

certified copy form, this will cause a delay to a decision being made on your application. This

evidence, or an explanation of why it cannot be produced, is needed before the panel

considers the application. Therefore, if one or more pieces of evidence cannot be produced,

the reason for this should also be included in the application.

If providing certified copies of evidence, these should be certified by persons such as a UK

solicitor, accountant, a doctor listed on the General Medical Council website, or a bank

manager. This person’s name and address should be recorded so that he/she can be

contacted, if necessary. If applicants cannot provide originals or certified copies of

documents, they should explain why the originals are unavailable when making their

application, to avoid delays.

Alternatively, we do accept copies of documents which have been certified using the official

Post Office Identity Document Checking Service. Should you choose to use this service we will

require the original completed ID Checking Service form and the original till receipt for the

payment of this service. The date your application is received by HS2 Ltd should not exceed a

period of two months from the date of the ID Checking Service till receipt. If any of these

requirements are not met then we will not accept certification by the Post Office

One piece of documentation is required to verify the identity of all those who need to sign the

application form. This could be a document that you are already providing as evidence for

another aspect of your application. Please see the declaration section of the application form

for a complete list of documents that can be used to verify your identity.

Step two: NTS Secretariat reviews your application

The NTS Secretariat will acknowledge your application via email or letter. It will then review

your application to ensure that it is ready for consideration by the panel and contains the

information specifically requested on the application form. If information is missing, or if

there is an obvious lack of evidence provided in relation to any of the criteria, you will be

contacted and asked if you would like to provide it. In addition, in almost all cases the estate

agent(s) currently marketing the property will be contacted.

Original documentation will be verified and returned to the applicants as soon as possible

after receiving the application.

Copies of all documentation will be taken and originals returned. If it is not possible to

produce a clear copy of the document (due to age/condition) it may be necessary to retain

the original. In this event the NTS Secretariat will contact applicants directly to make them

aware that originals will be retained.

The NTS Secretariat will hold paper and electronic copies of your documentation in

accordance with the Data Protection Act 2018.

For information about how HS2 will handle your personal information please see our Privacy

Notice, which is available via the following link,’ https://www.hs2.org.uk/privacy-notice/

https://www.hs2.org.uk/privacy-notice/


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Step three: Consideration by the panel of professionals

Completed applications will be submitted to the NTS panel for consideration.

The three members of the panel will be fully independent of HS2 Ltd and the Department for

Transport.

The panel will make a recommendation to the Secretary of State for Transport. The decision

to either accept or refuse the application will, in most instances, be taken on their behalf by a

Minister or Senior Civil Servant with delegated authority.

Step four: Decisions on applications by the Secretary of State

A Senior Civil Servant who has delegated authority from the Secretary of State will consider

your application. They will either make the final decision or present their view to the Secretary

of State or to a Minister for a final decision.

If your application is accepted, you will have three years from the date of your acceptance

letter to commence the process of selling your property to the Secretary of State You can

begin the valuation process at any time within the first two and a half years, giving a

subsequent period of six months to accept an offer and instruct your solicitors to begin the

conveyancing process. If you do not instruct your solicitors within the three-year period, the

acceptance will no longer be valid and you will need to re-apply to the NTS scheme. Please

see the 'How long are valuations valid for?' section of the Frequently Asked Questions for

more detail.

If you accept the offer within the three-year period and have instructed solicitors but do not

actively pursue the sale, we will withdraw the offer if no active conveyancing process is

underway within six months of the three-year period expiring.

The offer will represent 100% of the unblighted open market value at the time of the

valuation. The unblighted open market value at that point may be different from the

unblighted realistic asking price used when marketing the property.

If you are unsuccessful, the NTS Secretariat will write to you, detailing in full the reasons for

the decision.

You can re-apply if there is a material change in your circumstances or you are able to provide

new evidence that may be relevant to the reason(s) your application was turned down. If you

are unable to provide new evidence, and your circumstances have not changed, it is highly

unlikely that a reapplication on these grounds would result in a different outcome.

You need to re-apply only in relation to the criterion or criteria on which you were previously

unsuccessful, provided that:

– the application is submitted within six months of the previous decision being

communicated (i.e. six months from the date on the most recent, previous decision letter);

and

– there has been no material change in your circumstances in relation to the criterion or

criteria on which you had previously been successful.

Otherwise, re-application would need to re-address all five criteria.


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Representation throughout the application from professionals and others

The application process is designed in a way that does not require a third party to act on

behalf of an applicant. We endeavour to provide as much information as possible in this

document to help potential applicants. Once an application is submitted, applicants are

welcome to contact HS2 Ltd with questions at any point in the process using the contact

details provided in their acknowledgement.

However, applicants are welcome to use a third party to help with their application, if they

wish to do so. Please note that any costs incurred in doing so will not be reimbursed by the

DfT or HS2 Ltd. A third party may, for instance, be a friend or relative or a professional.

However, the relationship between the applicant(s) and any representative with whom we are

asked to correspond must be made clear in the application.

For any statement made on the applicant(s) behalf, a representative must sign the

statement(s) and declare their name, firm and position in that firm (if applicable) and that the

information is correct to the best of their knowledge. Applicants should be aware that this

additional input from a third party may well add time to the application process.

As set out on page 10, if your representative is also your estate agent, please note that any

market appraisal or other evidence provided by this agent will not be able to be taken into

account by the panel. This is to protect both applicants and the interests of the taxpayer by

only considering advice from estate agents who are deemed to be independent and

therefore do not have a vested interest in profiting from the sale of the property to the

Government.

The applicant(s) (i.e. the person(s) with the qualifying interest in the property) must sign and

date the declaration page and read and understand every page of the completed

application form and every piece of evidence being submitted on their behalf.

Representatives will be copied in to all correspondence, but it will always be sent directly to

the applicant(s) for security, transparency and speed. Please therefore ensure that you

provide direct contact details for all applicants, such as an email address and

telephone number, even if a representative is being used. If the representative holds

power of attorney for the applicant, this is not required.

We will also require additional, explicit consent to be provided by the applicants where a

representative requests sight of documentation such as valuation reports for the applicant’s

property in cases which have been accepted before we are able to disclose this

documentation to the representative.


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Accepted applications and offer made

Where an application has been accepted on the understanding that the compelling reason to

sell is urgent, it is expected that the applicant will actively seek to progress the sale of their

property, as quickly as is feasible.

Please note that if HS2 Ltd or DfT become aware of any information or a material change in

circumstances that would affect the decision made, at any point between the decision letter

being sent out and exchange of contracts, we reserve the right to review the decision. This

could result in the retraction of the acceptance/offer. If this is the case, applicants will be

entitled to reapply to the NTS scheme to reflect their change in circumstances or additional

information. We will not retract your acceptance/offer if, after a decision letter is sent out, you

receive an offer on the property.


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Making an application

Who can I speak to before submitting an application?

If you have any questions about the application process, please call the HS2 Helpdesk on 08081

434 434 or email us at [email protected].

Where can I find an application form for the Need to Sell scheme?

Application forms and guidance are available at the following website address:

https://www.gov.uk/claim-compensation-if-affected-by-hs2/need-to-sell-scheme

Alternatively, please call the HS2 Helpdesk on 08081 434 434 or email us at:

[email protected] so that we can make arrangements to send you a copy.

Who will I be in contact with once I have submitted an application?

The NTS Secretariat (HS2 Ltd employees) will acknowledge that they have received your

application. The correspondence that you receive will contain contact details for the case officer

responsible for your application. This case officer will then be your point of contact for any

queries about your application. Your case officer can support you in your application, but is not

able to comment or advise you on the substance of your application.

How long will it take to consider my application?

Assuming that all information and documentation is submitted correctly, a decision on your

application will normally be made within three months of our receiving it, although this can

depend on the volume of applications. We will aim to process applications more quickly if it is

possible.

Cases will be dealt with in the order that they are received. As all applicants are applying with

what they consider to be a compelling reason to sell, it would not be fair to introduce a fast-track

system for some applicants.

What is HS2 Ltd’s role in relation to the NTS scheme?

HS2 Ltd manages the NTS scheme for the Secretary of State through its NTS Secretariat. However,

recommendations and decisions on individual applications are not made by HS2 Ltd.

Why do I have to have a compelling reason to sell when it is clearly evidenced that HS2 is

the reason my property hasn’t sold?

The Government has been clear that it must seek to balance the needs of individuals with the

impact on the public purse in the design of its non-statutory property schemes. Seeking evidence

of a compelling reason to sell means that public money can be targeted towards those most in

need and also supports other Government objectives such as community cohesion.

How long is the NTS scheme going to be in operation for?

The government has made a commitment that the NTS scheme will be in operation until one

year after each individual phase of the railway is in operation.

What percentage of applications are successful?

Details on the number of applications and acceptances for the Exceptional Hardship Scheme and

the Need to Sell scheme are available at:

https://www.gov.uk/government/publications/hs2-phase-one-exceptional-hardship-scheme-

applications-statistics

5 Frequently asked questions

https://www.gov.uk/claim-compensation-if-affected-by-hs2/need-to-sell-scheme




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Can I apply to the NTS scheme if I have previously accepted an RSZ scheme cash offer?

Yes. Where a cash offer has been claimed under the RSZ scheme, and an NTS application has

subsequently been made, the panel and the decision maker will specifically consider in their

review of the application, whether there has been a significant change in predicted construction

or operational plans, and the impact on the property to which the application relates. Evidence

that would be considered would include, but not be limited to, environmental statements (draft

and final), or realignments of the line of route.

The panel and the decision maker will also consider any change in the applicant’s personal

circumstances since the cash offer was claimed.

Application Criterion 1 - Property type

Can I submit an NTS application for a property for which I am not the owner occupier?

It is not expected that an application will be submitted for a property for which an applicant is not

the owner occupier, unless in specific circumstances where the applicant is;

A mortgagee for the application property;

A representative of a deceased person; or

A reluctant landlord.

Further details of each of these specific circumstances, are outlined on page 6 of the NTS scheme

guidance notes and in the application form document. If the applicant does not own or have the

right to sell the property, the application will not be processed.

Can I submit an NTS application for a business or agricultural unit / premises?

Owner-occupiers or leaseholders with at least three years remaining on the lease of agricultural

units or business premises with an annual rateable value not exceeding £44,200 in Greater

London or £36,000 for the rest of England, are able to apply to the NTS scheme. However, any

offer made under the scheme would only be for the unblighted market value of the business

premises. The scheme does not allow for the purchase of an actual business itself, or for costs

associated with the winding up or relocation of a business.

How do I demonstrate that I have a qualifying interest in my property?

To demonstrate your interest in your property, you will need to provide proof of ownership. This

will be the Land Registry Office copy entry if your property is registered at the Land Registry or

the epitome of title and conveyance to the current owner if your property is unregistered.

How do I demonstrate that I am the resident of, or occupy, a property?

For owner-occupiers of a property, at the time of application we would expect one piece of

evidence that contains the applicant’s name and address details for the occupied property which

is dated within the three months immediately prior to the application date. The second piece of

evidence must also contain the applicant’s name and address and is expected to be dated at least

six months prior to the date of the first piece of evidence. Both documents must be from

different organisations.


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Where a property is empty, you may still be eligible under the NTS Scheme. You will need to

provide evidence that the property has been empty for no longer than 12 months from the date

of application and you were an occupier for at least six months prior to the property being empty.

We would expect to see evidence of the date the property was vacated together with two pieces

of evidence demonstrating occupation for a period of six months prior to the property becoming

empty.

What type of evidence do I use to demonstrate that I have occupied the property for six

months?

A full explanation of acceptable evidence for this criterion is set out on page 5 of the application

form, which is divided into two lists, A and B. Please review this carefully and ensure you provide

the correct amount and type of documentation from each list. The lists include utility bills, council

tax bills, bank, building society, mortgage or credit card statements, and these must cover the six

months immediately prior to your application or earlier.

The information provided should be dated at least six months apart.

What if a utility bill, council tax bill or bank statement includes only the details of one of

the applicants from a joint application?

It is acceptable to provide evidence of only one applicant being resident in the property, however

please ensure all evidence provided is addressed to that applicant.

What documents are required to confirm my identity?

Please ensure you provide either original or certified copies of documents for confirmation of

your identification. This can be your passport, driving licence or national identity card.

Application Criterion 2 - Location of Property

Does the property that I am seeking to sell need to be a set distance from the new HS2

route if it is to quality for the NTS scheme?

There is no fixed distance from the proposed HS2 route within which a property must be

situated. However, the property would need to be in close enough proximity to the HS2 route so

as to be substantially adversely affected by either the construction or the operation of the new

line. In the case where a property is located near to a proposed junction which may in the future

enable a link between HS2 and any NPR network, the panel would consider the construction

impacts only arising from the ‘passive provision’ which would enable the junction to be built. The

impact of a junction’s future use as part of the NPR network would not be considered by the

panel, as this is outside the scope of the HS2 project and the NTS scheme.

Does the property that I am needing to sell qualify for the NTS scheme if it is over or

adjacent to a bored (deep) tunnel?

A property will only quality for the NTS scheme if it is impacted by surface construction and

eventual infrastructure. This constitutes surface or cut-and-cover/green tunnelled sections of the

HS2 route, as well as vent shafts and tunnel entrances (or any other surface infrastructure).


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Application Criterion 3 - Effort to Sell and the impact of blight

When I market my property, is there a requirement to have a ‘For Sale’ sign displayed

outside the property when it is marketed?

No, it is not a requirement to have a “For Sale” sign displayed outside the property when it is

marketed.

What if a local estate agent refuses to market my property?

If a local estate agent refuses to market a property, or requires a fee before they will market a

property because they do not believe it will sell as a result of HS2, it is possible to submit evidence

showing this as part of an application. A letter or email from the estate agent should be sufficient.

This evidence would be submitted in substitution of the required evidence that marketing

proposals have been sought from that estate agent.

If I provide evidence that a local estate agent refuses to market a property because they

do not believe it will sell as a result of HS2, do I still need to provide evidence that I sought

other estate agents to market my property?

The NTS scheme requires that marketing proposals are sought from at least three recognised

estate agents. A refusal by a local estate agent to market a property can be accepted as one

attempt to obtain a market appraisal, although it is preferable to include as many market

appraisals as possible if other agents are willing to market the property. Should three or more

local estate agents refuse to market a property, it would be necessary to provide evidence of this

refusal from each estate agent.

What if no estate agent will market my property?

If all local estate agents refuse to market your property, this refusal would need to be evidenced

(a letter or email from the associated estate agents should be sufficient). This may then be

acceptable as evidence that it has not been possible to market a property for three months.

I believe my property has been blighted by plans for Northern Powerhouse Rail. Can I

apply to sell my home through the HS2 NTS scheme?

The NTS scheme has been made available on an interim basis only to owners of properties

affected by the passive provision of proposed junctions which may in the future link HS2 and a

future NPR network, and is subject to consultation with affected residents.

The panel would take into account the construction impacts only arising from the passive

provision proposed to enable the junction to be built. “Passive provision” means that the

Government is making plans now to enable a potential future NPR network to connect onto the

HS2 network so that its construction would not disrupt HS2 services in the future.

The impact of a junction’s future use as part of any NPR network would not be considered by the

NTS panel, nor would any potential operational impacts of future NPR rail lines, which are out of

scope of the HS2 project and the NTS scheme.

The Government has committed to considering whether a different property support and

compensation package is needed in the period until future NPR routes are confirmed.


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Application Criterion 4 - No prior knowledge

How do I demonstrate that I had no prior knowledge of the High Speed rail proposals?

If you completed on your purchase or lease of your property before the publication of the HS2

route section closest to your property, you are able to demonstrate no prior knowledge. If you

bought your property after publication of the High Speed rail proposals closest to your property,

we may agree that purchase had been made with foreknowledge of the HS2 route. In considering

this, the panel and the decision maker will look at the amount of information that was available at

the time of purchase, for example, the Working Draft Environmental Statement, the

Environmental Statement, and construction and operational plan route information.

Certain property searches would normally have been carried out when you purchased your

property. This may have highlighted that the property would be close to a proposed

infrastructure project, like HS2, and your solicitor may have further highlighted this to you in

correspondence, searches, the title report or other information. If you purchased after the

announcement of HS2 in your area, you should submit copies of the searches and any other

relevant documents to demonstrate whether this was raised during the conveyancing process.

How would the Government determine whether to pay an adjusted price in cases where

the Secretary of State agrees to acquire a property where the no prior knowledge criterion

has not been met, but a strong overall case has been made to accept the application?

In these circumstances, if it can be determined that the blight affecting the relevant property

has resulted from HS2 and not some other factor, then the Secretary of State may adjust the

price he is willing to pay for a property acquired under the NTS scheme by the same

percentage difference between its unblighted and blighted value at the time it was purchased.

A standard valuation will be undertaken to determine the property’s current, unblighted value,

as would be the case ordinarily. However, alongside this, the Valuation Office Agency will

undertake a desk-top valuation to determine if the property acquired with prior knowledge,

was acquired at a blighted price.

Whether or not a property was originally acquired by a property owner at a blighted price

would be determined by obtaining and reviewing two valuations:

valuation 1 - the current unblighted value of the property.

valuation 2 – the unblighted value at the time of purchase.

If the original purchase price was within 15 per cent of valuation 2, then the Government may

agree to pay the full unblighted value of the property (valuation 1). The assumption would be

in this case that the property was purchased at an unblighted value.

However, if the price was less than 85 percent of valuation 2 at the time of purchase, then it

would be assumed that the buyer had originally paid a blighted value.

For example, should the valuation show that the property was originally acquired at a value 20

per cent lower than its unblighted value at the point it was purchased, then the Secretary of

State may decide to adjust the price he is willing to pay for the property. In this case, he may

decide to offer 5 per cent less than the property’s current unblighted value, which is the

percentage difference between what is considered to be the property’s original unblighted

and blighted value.


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Application Criterion 5 - Compelling Reason to Sell

What type of circumstances are accepted under the NTS scheme as a compelling reason to

sell?

The NTS scheme provides support for those with a compelling reason to sell their property.

Applications are therefore received on a wide range of different personal circumstances relating

to an applicant’s health, financial, employment or family life stage circumstance. Please see pages

33 to 41 for summary examples of successful and unsuccessful applications under Criterion 5

and the types of evidence that could be submitted for certain reasons to sell.

Decision Making

Who decides if I qualify for the NTS scheme?

An independent panel of three panel members will review your application to the NTS scheme.

They will provide a recommendation for the decision-maker who then decides if you qualify

under the NTS scheme.

How will the panel consider my application?

The NTS scheme is designed as a paper-based scheme, without the need for any personal

representation from applicants or any visits to the property. In all circumstances your application

should be supported by full evidence in relation to all NTS scheme criteria. We recognise that in

certain limited circumstances it may be appropriate for the panel to request a site visit or to allow

personal representation to ensure fairness and equality within the application process. The panel

members may agree, where exceptional circumstances apply and a request has been made, to a

site visit or to allow personal representations from the applicants.

Who is the decision-maker?

The decision-maker is a Senior Civil Servant or Minister with delegated authority to make

decisions on behalf of the Secretary of State for Transport. They review the panel’s

recommendation and decide if you qualify for the NTS scheme.

Who are the members of the NTS panel?

The NTS panel is formed of three independent individuals who, receive a panel fee and expenses

from HS2 Ltd but are not employees of HS2 Ltd or the DfT.

How are the NTS panel selected?

The NTS panel are selected through a rigorous appointment process which is managed by HS2

Ltd and overseen by the DfT.

How do I know that the NTS panel are independent?

When applying to become a panel member, each proposed panel member needs to demonstrate

that they have the experience and skills required to evaluate and assess NTS applications in an

independent and unbiased manner. Following their review of individual applications, each panel

member has to declare at the start of each panel meeting that they have no conflict of interest in

relation to the applications to be considered. You can review a full list and short biographies for

each panel member at:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/fi

le/640966/hs2_need_to_sell_panel_member_profiles.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/640966/hs2_need_to_sell_panel_member_profiles.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/640966/hs2_need_to_sell_panel_member_profiles.pdf


26

How does the panel reach a recommendation?

A panel meeting will be scheduled and each panel member will individually review all the

applications to be considered at that panel meeting. The three panel members will then come

together to consider the individual applications and make a recommendation to the decision-

maker.

How does the panel decide to recommend that I qualify for the NTS scheme?

The NTS scheme is an evidence-based scheme. The panel review the evidence that the applicant

has provided as part of their application and make a recommendation using that evidence

together with any additional information about the HS2 route.

What if the panel cannot agree to recommend that I qualify or don’t qualify for the NTS

scheme?

If the panel does not all agree on a recommendation, a decision can be made by a majority of the

panel. However, a dissenting panel member can, if they believe it is necessary, produce a

‘dissenting member’ report. This report is then made available to the decision maker when they

review the panel’s recommendation.

How does the decision-maker decide if I qualify under the NTS scheme?

The decision-maker reviews the panel’s recommendation and, if required, will also review the

detail of your application and supporting evidence before making a decision.

What if the panel decides that an application does not qualify for the NTS scheme?

In this circumstance, the NTS panel will provide a recommendation to the decision-maker that an

application does not qualify for the NTS scheme. The decision-maker will review the panel’s

recommendation and decide upon the case.

How will I be notified if I am successful or unsuccessful in my application to the NTS

scheme?

Following a review of your case at a panel meeting and subsequently by the decision-maker, a

letter will be sent to the applicant from the HS2 Ltd team managing the NTS scheme. This letter

will advise you if the decision-maker has decided if you have been successful or unsuccessful in

your application to the NTS scheme.

How will I know why I have been unsuccessful in my application to the NTS scheme?

If you are unsuccessful in your application to the NTS scheme, a letter from the HS2 Ltd

Secretariat which manages the NTS scheme will clearly outline why the decision-maker has

concluded that the application was not successful.

Can I discuss my case with the panel members or the decision-maker?

No. To ensure impartiality and consistency, it is necessary that both the panel members’ and the

decision-maker’s decisions are based only on the information in the application and the

supporting evidence.


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Is it normal for an applicant to resubmit their application to the NTS scheme on multiple

occasions?

Some applicants are successful on their first application, while other applicants are successful

following the submission of additional information or following a change in their circumstances. It

is unlikely that a reapplication made on the same grounds, with the same evidence, would result

in a successful outcome if it has previously been unsuccessful. Applicants are therefore

encouraged to carefully review the reasons given by the decision-maker if a previous application

has been unsuccessful when considering whether to reapply.

It is your responsibility to articulate and support with evidence how you meet the NTS scheme

criteria. Providing the appropriate clear evidence greatly assists the panel in making their

recommendation and the decision maker in reaching a decision.

Can the panel and the decision-maker use discretion in relation to my case?

If the panel believes that extenuating circumstances mean that an application should be accepted

despite not meeting all the criteria, it can recommend that the application should still be

accepted.

Valuations and valuers

If my application to the NTS scheme is successful, what will be the basis of the valuations

given and payment to be made?

The valuations will be based on the unblighted open market value of the property – that is, the

value of the property without any effect arising from proposals for a high speed rail line. This will

not necessarily be the price at which you had marketed your property. It will be an independent

assessment, carried out by qualified chartered surveyors, of what the sale price (value) should be.

The payment is simply this sale price. It will not cover additional costs, such as the seller's agents'

fees, legal fees or removal costs, because they would normally expect to meet these costs

themselves.

Please note that the Government will purchase the entire property as it was marketed before its

acceptance under the NTS scheme. If the property significantly changes after acceptance of an

application, you must re-apply to the NTS scheme with this new information.

How will my property be valued?

If the Secretary of State for Transport agrees in principle to buy your property, two valuations will

be carried out. These will be done by two independent Royal Institution of Chartered Surveyors

(RICS) registered valuers. One will be chosen by HS2 Ltd from a pool of chartered surveyors who

are familiar with your area and have appropriate expertise.

The applicant can choose to select another from the pool, or any RICS registered valuer (see

below) in the UK who agrees to take on the instruction (including conditions on the format of the

report and a maximum fee). Both valuations will be instructed and paid for by HS2 Ltd. If the

valuations are within 10% of each other (calculated by taking the difference between the two

values as a percentage of the higher value), the Secretary of State will offer a price that is the

average of the two.


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If the valuations differ by more than 10% (calculated by taking the difference between the two

values as a percentage of the higher value), an additional valuation will be obtained from the HS2

Ltd pool (chosen by the applicant). The third valuer will be provided with the two previous

valuation reports for consideration, with the valuation figures themselves removed. The offer will

be made on the average of the closest two valuations.

If three valuations have been undertaken and there are no two closest figures (i.e. the highest

and lowest figures are equidistant from the middle figure), the middle valuation figure will be

used as the offer price. The valuation date will be the date on which the valuer inspects the

property.

A different valuation methodology may be followed if your application is accepted even though

you had Prior Knowledge of HS2 but discretion has been shown by the decision maker in relation

to Criterion 4, No Prior Knowledge (see page 24).

Who can I pick as my choice of valuer?

Any RICS registered valuer can be used, providing that valuer does not have any conflict of

interest with respect to your property or your household (or anyone else connected to the

application). This includes that the valuer cannot be employed by or associated with the

firm/individual that is representing you in your application or has been involved in the marketing

of your property in any way. This includes any estate agents that provided a market appraisal,

even if you didn't use them.

The RICS is the professional body for the valuers that must be used and can be contacted to

verify if a valuer/firm is registered and has the appropriate qualifications (www.rics.org).

If you want to, you can choose any firm in the HS2 Ltd pool of valuers, or a specific valuer from

one of these firms. We would then pick a second firm from this list.

How did HS2 Ltd appoint its pool of valuers?

The pool of valuers has been appointed by HS2 Ltd following a competitive tender exercise to

identify those who can demonstrate the resource and capability to cover valuations over the

geographic extent of the route. All valuers are independent chartered surveyors registered with

RICS, and have the competence and professional knowledge to undertake valuations in

accordance with the 'Red Book' manual of valuation standards.

Are the pool of valuers/valuations independent of HS2 Ltd and DfT?

Yes. The valuers are instructed to provide an open market valuation of property in accordance

with the RICS guidance - RICS Valuation Professional Standards January 2014. The full definition of

open market value is:

"the estimated amount for which an asset or liability should exchange on the valuation date

between a willing buyer and a willing seller in an arm's length transaction after proper marketing

and where the parties had each acted knowledgeably, prudently and without compulsion."

Do the valuers on HS2 Ltd's list of valuers have local knowledge?

The valuers have been appointed because they have the capability to cover valuations over the

geographic extent of the route. It is important to recognise that many local estate agents are not

RICS registered valuers and are not qualified to provide an open market valuation.


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How long are valuations valid for?

If your application is accepted, you will have a total of three years from the date of your

acceptance letter to commence the process of selling your property to us. You can request the

valuations to be commissioned by HS2 Ltd at any time within the first two and a half years, giving

a subsequent period of six months to accept our offer and instruct your solicitors to begin the

conveyancing process. If you do not instruct your solicitors within the three years, the acceptance

will no longer be valid and you will need to re-apply to the scheme.

Please note that it is up to you to decide on the point at which you instruct the valuations to take

place within the first two and a half years of your acceptance letter. Your offer will then be based

upon the valuations that reflect the date on which the valuers inspect your property. Once you

have received your offer your property will not be re-valued at any point (either within or after

the three- year period). An applicant would not be able to pay for a re-valuation. Please therefore

carefully consider the point at which you would like the valuations to be commissioned.

Other

If you offer to buy my property and I accept, how will the purchase proceed?

The purchase process will be handled in the same way as any private property purchase. As with

any private purchase, the time the purchase process takes will vary depending on the

circumstances of the case.

Following your acceptance of the offer, HS2 Ltd will instruct its solicitors to start the legal

formalities and its property acquisition agents to start the purchase process. They will appoint

surveyors to undertake structural and condition surveys. The surveyors will contact you directly to

make the appointment to visit your property.

I submitted an application and was turned down, but since then my circumstances have

changed. What can I do?

You can re-apply on the criterion/criteria on which you were previously unsuccessful if:

there is a material change in your circumstances; or

you can provide new evidence that may be relevant to the reason(s) your application was

turned down.

However, there are two conditions to re-applying in this way:

the application must be submitted within six months of the date of the previous decision

letter; and

there must have been no material change in the applicant’s circumstances in relation to the

criterion/criteria on which they had previously applied successfully; otherwise, the

reapplication would need to address all five criteria.

In the case of a reapplication within six months of the date of the previous decision letter, the

panel will see the detail of the previous decision and the evidence in relation to the successful

criterion/criteria from your earlier application. This is so the panel has all the necessary

information and evidence on the successful criteria and can fully consider and deliberate on the

reapplication. Please note that the decision on the previously successful criteria will not be

overturned, provided that you declare that your circumstances have not changed.


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Is this my only opportunity to receive assistance from the Government?

No. The Government has introduced a package of non-statutory property measures to address

the concerns of individuals who may be impacted by the construction or operation of the HS2

railway.

You can also claim for Part 1 Claims under the Land Compensation Act 1973 one year after the

operation of the railway begins. (https://www.gov.uk/government/publications/a-guide-to-part-i-

claims).

Who will manage the purchase of my property?

Once you accept the offer for your property, your case officer will assign the purchase of your

property to one of HS2 Ltd’s suppliers. You will be allocated a named person from that supplier

who will become your main point of contact (other than your solicitors) throughout the purchase

process.

Can I rent my property from the Government if I sell it to the Government under the NTS

scheme?

If your application has been successful and you have accepted the Government's purchase price

offer under the NTS scheme, you can ask HS2 Ltd to note your interest in renting the property

back from the Government following its sale. This would trigger a process of standard rental

referencing checks on the applicant. The property would also be assessed to determine if it could

be made suitable for letting in accordance with legal requirements, and in line with sound

commercial principles. You should request this from your case officer in good time, and before

solicitor's details are exchanged, to allow requests to be assessed and appropriate letting

documents drawn up.

Will you pay any agents' fees in respect of my application or any additional valuations?

No.

If I am accepted under the NTS scheme and move away, will I still be eligible for the

homeowner payment?

No.

How should I complain to HS2 Ltd if I am unhappy with the service received?

If you are unhappy with the service received from HS2 Ltd staff in dealing with your application

then you should follow the HS2 Ltd complaints procedure, which can be found at

www.gov.uk/government/organisations/high-speed-two-limited/about/complaints-procedure.

Please note that if your application has been unsuccessful, you can re-apply (see above). The

outcome of an application cannot be altered by complaining to HS2 Ltd.

https://www.gov.uk/government/publications/a-guide-to-part-i-claims

https://www.gov.uk/government/publications/a-guide-to-part-i-claims

http://www.gov.uk/government/organisations/high-speed-two-limited/about/complaints-procedure


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The guidance implies that it may be possible to have my property purchased even if I don’t

meet the NTS scheme criteria, if I have special circumstances or I own an atypical property

– how can I apply for this?

There is no application form, but you can ask HS2 Ltd to consider your case atypically. This just

means it is recognised that there may be some cases that merit support even though such cases

do not meet the requirements of either the statutory or non-statutory property schemes.

How do I request to be considered as having an atypical property or special circumstances?

In the first instance, you may wish to discuss your case with HS2 Ltd’s Land and Property team by

contacting them via the HS2 Helpdesk on 08081 434 434 or at [email protected]. There is

also a freephone Minicom number (08081 456 472) for callers with hearing and speech

difficulties.

Is there more information on what HS2 Ltd/Government consider as being ‘special

circumstances’ or an ‘atypical’ property?

The Government has deliberately decided it does not wish to limit the types of cases that might

be brought to it for consideration, which it considers may be the unintended consequence of

attempting to defining these terms. HS2 Ltd (and the DfT if necessary) consider cases submitted

to it outside its established non-statutory property schemes on this basis on their particular facts.

Do I need to have previously applied for the NTS scheme or another scheme before my

case can be considered atypically?

No this is not necessary. However, it is worth considering making an application through the NTS

scheme first to see whether you are successful. Even if you do not meet all the published NTS

scheme criteria, you may still be accepted under the NTS scheme if the panel and decision maker

agree that there is a strong overall case to accept your application.

Who makes the decision on whether I own an atypical property, or have special

circumstances?

Any decision to provide support over and above the statutory or non-statutory property schemes

is made by the DfT on behalf of the Secretary of State, taking into account advice from HS2 Ltd.

In some cases approval may also need to be sought from HM Treasury.

I have been unsuccessful in applying to the NTS (or other) scheme, can my case be

considered atypically?

Consideration of cases involving an atypical property or special circumstances are reserved for

exceptional cases, and such consideration should not be regarded as an appeal facility in cases

where an applicant has been unsuccessful under the established schemes. HS2 Ltd considers

whether a property is atypical, or whether there are special circumstances, when processing

applications made to HS2 property schemes.

What makes my circumstances special or my property atypical?

An atypical property or special circumstances are those not provided for by existing statutory or

non-statutory schemes. Circumstances may include for example, consideration of particular

medical conditions or special living requirements.


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How do I have urgent atypical property / special circumstances considered?

Where urgent or critical circumstances prohibit the timely application to the appropriate non-

statutory scheme, an individual may appeal directly in writing to HS2 Ltd and/or to the DfT,

outlining the exceptional circumstances faced.

If I have previously received a cash offer from the RSZ scheme, can I apply to the NTS

scheme?

A property owner who has already claimed a cash offer under the RSZ scheme is still able to

apply to the NTS scheme, and if your application was successful under the NTS scheme we would

recoup the cash offer payment, plus statutory interest from the NTS purchase price.


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Introduction

Under the NTS scheme, owner-occupiers who meet the criteria will be able to ask the

Government to purchase their home for its full unblighted market value.

An independent panel will consider each application on a case-by-case basis and recommend

whether the property should be purchased. Applicants are asked to submit evidence against the

five criteria:

Property type – applicants are asked to demonstrate that the property in question is owner-

occupied or that they are acting as a ‘reluctant landlord’, needing to rent the property as a

result of HS2.

Location – to ensure that the impact of HS2 on a property is considered, although there is no

fixed outer boundary to the NTS scheme.

Effort to sell – applicants must have marketed their property without success for at least

three months unless there are circumstances that make this inappropriate or unnecessary.

No prior knowledge – applicants must have bought their property before the initial preferred

route for each phase was announced:

– Phase One - 11 March 2010

– Phase 2a - 28 January 2013

– Phase 2b - 28 January 2013 or 7 July 2016 (Proposal of M18 route through

South Yorkshire only)

In relation to the NTS scheme applications on the route to the west of Measham where the

route proposed is similar to the route set out in January 2013, applicants will need to show

that they were not aware that the route proposed at the time would impact on their property

at the time of purchase.

In relation to purchasers who completed after the route announcement dates but may find

they are in proximity to the HS2 route, but were not at the time of purchase following

subsequent changes or alternative options to the proposed HS2 route, applicants will need to

provide satisfactory evidence that they had no prior knowledge of those route changes, or

could not reasonably have foreseen the potential for generalised blight on their property

caused by HS2. The route changes were announced on 20 December 2010, 10 January 2012,

16 May 2013 and 25 November 2013 (for Phase One), on 30 November 2015 (for Phase 2a),

and on 15 November 2016, 17 July 2017, and 6 June 2019 (for Phase 2b) and may be

announced at any point in the future.

Compelling reason to sell – a variety of different circumstances can be considered, but some

scenarios where we consider applicants would be able to make a strong case that they have a

‘compelling reason to sell’ include: unemployment; relocation for a new job; dividing assets as

part of a divorce settlement; ill-health; and the need to release capital for retirement. It is also

the case that a compelling reason to sell may arise because of a combination of factors. In

exceptional cases, prolonged disturbance and noise disruption arising from the construction

or operation of HS2 may contribute to a compelling reason to sell. However, generally it is

expected that applicants will first explore the specific arrangements under the prolonged

disturbance compensation scheme that has been developed for this purpose. .

6 Compelling reasons to sell


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This guidance seeks to provide applicants with clarity on the types of reasons and evidence that

could amount to a compelling reason to sell by drawing on examples of past NTS successful and

unsuccessful cases. For the compelling reason to sell section of your application, the NTS panel

requires a clearly stated summary of an applicant’s compelling reason(s), to sell, with each

element of this statement being supported by evidence.

Guide to the types of evidence that an applicant may seek to provide under certain

circumstances

Applicants need to be able to demonstrate why they have a compelling reason to sell their

property now, or evidence that they would be placed under an unreasonable burden if they were

unable to sell their property in the next three years.

Applicants are therefore encouraged to submit as much evidence as possible, as the panel will

need to see evidence in support of each statement that is made by an applicant.

The following examples seek to provide a guide to the types of evidence that an applicant may

seek to provide under certain circumstances, together with providing a summary of examples for

both successful and unsuccessful compelling reason to sell (Criterion 5) submissions.

Financial – Change in circumstance

Successful example Unsuccessful example

The sale of a property necessitated by a significant reduction in income and a resulting inability to service previous commitments. This occurring as a result of a loss of employment and an inability to obtain new employment that provided an income matching that formerly obtained. This was evidenced through the provision of detailed financial information outlining the applicant’s full financial circumstance, income, outgoings, investments and commitments.

The sale of a property necessitated by the loss of employment. Unsuccessful as a result of a failure to evidence the full financial circumstance through the provision of a detailed income and expenditure summary.

Financial – Difficulty


The sale of a property to meet financial commitments that were due within three years from the date of application, the sale mitigating a situation that would otherwise have resulted in an unreasonable financial burden upon the applicant.

This was evidenced through the provision of evidence of a financial commitment to be realised within three years.

The sale of a property to meet financial commitments following the failure of a business interest.

Unsuccessful as a result of a failure to evidence the full financial circumstance faced.

Applies to Financial - Change in circumstance and Financial - Difficulty

In support of an application to sell a property required as a result of financial circumstances, it might be expected that the following types of evidence would be submitted:


35

Official paperwork/records that give a complete picture of your finances, including full evidence of your income and outgoings, plus savings/loans/mortgages/ other assets where relevant, for an appropriate period (normally at least the last six months) preceding the date of your application. This evidence will include original copies or certified copies of account statements and or other relevant financial information.

Life stage – Retirement (also see Life stage – Location/need of current property)


The sale of a property so that the applicant might downsize and relocate because of a reduced retirement income with resulting need to plan for retirement. Demonstration that the sale of the property was freeing up monies and reducing outgoings. This was demonstrated through the provision of financial evidence. In this case medical evidence was also provided although this is not always necessary to evidence a need to downsize.

The sale of a property so that the applicant might downsize and relocate following retirement due to their property becoming an unreasonable burden due to their age. Unsuccessful as a result of a failure to evidence their inability to maintain their existing property and their assertion that the maintenance of the property was to become an unreasonable burden due to their age.

In support of an application to sell a property required as a result of retirement, and a resulting unsuitability of a property, it might be expected that the following types of evidence would be submitted:

Documentary evidence to demonstrate that you have retired in [month/year] or that you plan to retire from current job in [month/year] by providing documentary evidence.

Documentary evidence of having sought/looked for suitable retirement property in the applicants proposed retirement location.

Documentary or photographic evidence to demonstrate that you are unable to maintain current property (Details of the costs incurred, or that would be incurred, in maintaining and running an existing property).

Evidence of retirement planning and a resulting need to sell an existing property to provide for the balancing of retirement income and expenditure.

If an applicant is in receipt of a state pension, (or will be of state pensionable age within three years of submitting their application under the NTS scheme), it is not expected that evidence to support plans to retire would be required in support of Criterion 5 – Compelling reason to sell unless their application is wholly or partially related to their financial circumstances.


36

Life stage – Family


The sale of a property so that an elderly applicant may sell their property and move to a more appropriate property located more closely to a family member. This was demonstrated through the provision of medical evidence and details confirming the address of their family member and proposed care arrangements.

Applicants wanting to sell their property so that they might move in with their immediate family, who might then provide for their care, which would be impossible without moving home, due to the family member’s work commitments. Unsuccessful as a result of a failure to evidence the circumstance referenced within the application and the case for a relocation.

In support of an application to sell a property required as a result of family circumstances, and a resulting unsuitability of a property, it might be expected that the following types of evidence would be submitted:

Property particulars and photographs demonstrating why the applicant’s existing property is not suitable for their family’s requirements.

Details of those currently living in property (e.g. birth certificates, electoral register) together with details of any specialist requirements of those living in the property.

Evidence of those who need to be provided for in the applicant’s property and those who no longer need to be provided for within the applicant’s property.

Life stage – Education


The sale of a property, to enable a relocation that enables a child to attend a school meeting that child’s particular special requirements/needs. This was evidenced through a demonstration that the required specialist education could not be provided locally to the applicant’s existing property.

The sale of a property to allow a move into an alternative state school catchment area. Unsuccessful as a result of a failure to evidence a specialist educational requirement that was not otherwise provided for within the school catchment area of their existing property.

In support of an application to sell a property required as a result of a desire for a child to attend an alternative school, it might be expected that the following types of evidence would be submitted:

Offer letters and general details of the schools that have provided offers to the applicant’s child or children.

Evidence that local schools are not equipped to provide for the specialist schooling requirements of an applicant’s child or children. This might be in the form of a letter from an appropriate educational specialist or medical practitioner and or the published details of the services provided by a specific school.

Evidence of issues experienced at current school, which necessitate a move to a new school, or other issues causing significant concerns about the suitability of a child’s current school.

The details of the applicant’s child’s/children’s existing schooling arrangements and the location and the distances between this school and their existing property.

Maps showing the location and travel routes and transport options to the various schooling options. Details of the financial or employment implications resulting from the different schooling choices

available to the applicant’s child or children.


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Life stage – Location/needs of current accommodation


The demonstration of a long-established retirement plan, through detailed evidence (both historic and current), to relocate to a different property.

Applicants having bought their property before they had a family, felt that having had children, the location and layout of their property was not meeting their family’s needs.

Unsuccessful as a result of a failure to evidence that either the location, or the layout of their property was unsuitable for their family.

In support of an application to sell a property required as a result of the applicant’s life stage and location of their existing property, it might be expected that the following types of evidence would be submitted:

Maps showing location of property and distance from local amenities/services. Details of the property and its surrounding area. Details of alternative property and the location of property found or being sort. Current and historic evidence demonstrating a long-term plan to relocate to an alternative area. This

might include details of long-term financial planning or other evidence that establishes the long-term nature of the plan.

Life stage – Type or size of accommodation


The birth of an additional child necessitating a move to a larger property to provide for the growing family’s need for increased bedroom and common area accommodation. This was demonstrated through the evidencing of the applicant’s family circumstance and the provision of details of their existing property.

Several generations of a family living in a property that would ordinarily only provide for the comfortable accommodation of the property owner and a guest. Unsuccessful as a result of a failure to evidence a need to permanently provide accommodation for the other family members

In support of an application to sell a property required as a result of the applicant’s life stage and the type and size of their existing property, it might be expected that the following types of evidence would be submitted:

Documentation including floor plans and photographs, so as to demonstrate that the size, layout or location of a property, make it inappropriate for the applicant’s circumstance.

Documentation demonstrating that the property is inaccessible or not appropriate for those with restricted mobility.

Details demonstrating that alterations required to make the property suitable for the applicant are not reasonable, be that as a result of cost to the applicant or because of the level of complexity, disturbance or effect on the re-sale value of the property.

Documentation that demonstrates the property or its grounds are too large for the applicants to maintain, be that as a result of cost to the applicant or as a result of the applicant’s reduced mobility.

Documentation demonstrating there is a financial burden to maintaining a large property. Medical evidence that the applicant’s current health situation demonstrates why it is no longer

suitable for them to remain in the property. Medical evidence that current accommodation is no longer suitable and or medical evidence of the applicant’s current health situation.

Documentation demonstrating the need to relocate to an alternative type or size of accommodation.


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Employment – Relocation


Relocation as a result of the acceptance of an employment offer (equivalent role to the applicant’s existing employment), where that new employment was located some distance from the applicant’s existing property, necessitating a change to the applicant’s daily commute.

Relocation as a result of the acceptance of an employment offer. Unsuccessful as a result of a failure to evidence that their offer of employment was a concrete proposal, nor that the role was commensurate with their existing employment skills or future employment aims.

In support of an application to sell a property as a result of a job relocation/job move, it might be expected that the following types of evidence would be submitted:

An official signed letter to the applicant confirming the relocation/job offer from a named person at the employer, on headed paper.

If not provided in the letter, confirmation of the position of the person at the employer and their involvement in the recruitment/relocation process.

Documentation or correspondence providing the specifics of where the relocation is from and to, and the timescales involved.

Documentation or correspondence evidencing the reasons for the job move/business case for the re-location where possible/applicable.

Details of the applicant’s existing work place location and the distances between this and their existing property.

Details of the applicant’s new work place location and the distances between this and their existing property.

Circumstance – The winding-up of deceased’s estate


The sale of a property so that the executor/beneficiaries of a deceased’s estate can complete the winding-up of that estate. This was evidenced through the provision of the required legal documents.

No unsuccessful examples

In support of an application to sell a property required as a result of the winding-up of deceased's estate, it might be expected that the following types of evidence would be submitted:

The provision of the Will of the deceased and legal documents specifying the details of the executor of estate, an applicant would be required to provide (originals or certified copies).


39

Circumstance – Divorce


The sale of a property, so that a divorced couple can complete the division of their assets as required by court order.

This was evidenced through the provision of the legal documents associated with the divorce and a demonstration that neither party could remain in the property following their divorce.

The sale of a property as a result of an impending divorce. Unsuccessful as a result of a failure to provide the legal documents expected as a result of confirmation of divorce.

In support of an application to sell a property required as a result of a divorce, it might be expected that the following types of evidence would be submitted:

a decree nisi or absolute; court order; or other evidence of an agreed settlement and distribution of marital assets to demonstrate the

property is required to be sold in order for divorce to proceed.

Circumstance – Marriage / civil partnership


The sale of a property, so that a recently married couple can sell their individually owned homes and, combine the proceeds to purchase a single marital home.

The need was evidenced through the provision of marriage documentation and location information related to the applicant’s property and both of their places of work.

The sale of a property so that a recently married couple might move into a single property that was jointly purchased. Unsuccessful as a result of a failure to evidence a compelling reason to sell their property, as opposed to continuing to reside in one or other of their properties.

In support of an application to sell a property to allow a couple to relocate and or jointly purchase a new home, it might be expected that the following types of evidence would be submitted:

Details of both parties’ work place locations and the distances between these and the applicant’s existing property or properties.

Details of both applicants’ properties. Details of dependents also expected to require accommodation. Details of any specialist property requirements. Details of the location that they wish to move to or evidence of a proposed purchase of a joint

property. Financial information required in support the purchase of the proposed property; e.g. bank

statements, mortgage statements, savings statements, in summary of the couple’s financial situation.

Evidence why it is necessary to purchase joint property and why it is not suitable to cohabit in existing property/accommodation.


40

Health – Care requirements


The sale of a property to allow the applicants to move into more appropriate accommodation. The need was evidenced through the provision of medical information and details of the applicant’s existing property, together with details of the accommodation to which they wished to relocate.

The sale of a property to enable the relocation of a relative to an area nearer to family. Unsuccessful as a result of a failure to evidence the need or viability of the plan to relocate to live with the relative.

In support of an application to sell a property required as a result of a need to provide for an applicant’s care, it might be expected that the following types of evidence would be submitted:

Medical evidence of current health which supports the applicant’s case that current accommodation is no longer suitable.

Documentation including floor plans and photographs, so as to demonstrate that the size, layout or location of a property, make it inappropriate for the applicant's circumstance.

Details demonstrating the care requirements of the applicant and the proposed care plan to be provided as a result of the sale of the applicant’s property.

Details demonstrating that, alterations required to make the property suitable for the applicant are not reasonable, be that as a result of cost to the applicant or as a result of the resulting complexity or disturbance.

Documentation that demonstrates the property or its grounds are too large for the applicants to maintain, be that as a result of cost to the applicant or as a result of the applicant's reduced capability.

Health – Type of accommodation


The sale of a property so that the applicant can relocate to a smaller single storey property, in response to their increasingly reduced mobility.

One of the applicants demonstrated medical needs necessitating modifications to the applicant’s property. Unsuccessful as a result of a failure to evidence a significant expense or disruption would be incurred, in order to undertake the required work, and that this necessitated sale of the property.

See evidence in support of “Health – Location of accommodation” on page 41.


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Health – Location of accommodation


Relocation from a large and isolated property, applicants seeking to move to an alternative property that is located more closely to local amenities / services and that has access / layout characteristics that would better fit with the needs of the applicants as they become less mobile.

Relocation from a large and isolated property. Unsuccessful as a result of a failure to evidence a medical or financial need for the sale of their property in order to move to elsewhere.

Applies to Health - Type of accommodation and Health - Location of accommodation

In support of an application to sell a property in response to medical requirements, and properties type or location, it might be expected that the following types of evidence would be submitted:

Medical evidence of current health situation. Medical evidence that the current accommodation is no longer suitable. Details demonstrating that the applicant has identified the types of alternative suitable

accommodation required. Evidence of no longer being able to maintain a current property. Evidence of no longer being able to readily access the existing property. Evidence that location of property is not suitably close to local amenities, doctor's surgeries

and the like. Evidence of having identified the type of suitable alternative accommodation sought.


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General examples of documentary evidence

The following list seeks to provide applicants with a guide to the types of evidence that an

applicant may seek to provide in support of their application. Although these examples are not

exhaustive, you may find it helpful to know that the general evidence in support of an application

can include, but is not restricted to, the following:

birth certificates, benefits statements, correspondence with schools/childcare providers;

passports;

official divorce documents;

court orders, including court orders to sell the property;

utility bills;

bills for council tax, telephone, fuel and other essential services;

bank/building society statements;

credit card statements/bills;

payslips;

HM Revenue and Customs-issued statements, such as P60 or P45;

HM Revenue and Customs tax documents e.g. tax assessment, statement of account,

notice of coding;

mortgage statements and other correspondence from mortgage providers;

letters from health authorities and trusts, hospitals, medical consultants, GPs or dentists;

audited/auditable company accounts;

letters from employers regarding redundancy, employment contracts, etc.;

receipts, invoices or other documentation evidencing financial expenditure;

statements of account regarding savings, ISAs, shares, bonds, share options and other

financial products representing assets;

death certificates, wills, grant of probate, letters of administration;

correspondence from Government departments (e.g. evidencing receipt of benefits or other

entitlements); or

letters and other documentation from qualified solicitors, accountants, barristers, chartered

surveyors and other professionals.

Where bank, building society or credit card account statements are downloaded from an online

banking facility and as a result do not contain the applicant’s name, account number, details of

the bank or the logo, please provide evidence that this documentation was sourced from the

bank, credit card company or building society and represents the account in question. This will

need to be certified or stamped by the account provider.

All supporting documentation provided should be originals or certified copies.


High Speed Two (HS2) Ltd

Two Snowhill, Snow Hill Queensway

Birmingham B4 6GA

Freephone: 08081 434 434

Email: [email protected] www.hs2.org.uk

Documents

Need to Sell scheme - gov.uk › ... · HS2 Need to Sell scheme Guidance notes and frequently asked questions 1 1.1.1 This guidance and application form provides information for owners