Flood Risk Management (Scotland) Act 2009: local authority functions under part 4 guidance

4.6 Appendix F - Example of VOA correspondence compensation

VALUATION OFFICE AGENCY

DVS INVERNESS OFFICE

INFORMATION NOTE

[Insert name of FPS]

The Valuation Office agency has been instructed by The [ LA] to provide independent advice and information on compensation matters and negotiate and settle claims for compensation with persons/businesses affected by the [insert FPS].

The purpose of this information note is to explain the work carried out by the Valuation Office Agency and to give an indication of the rights to compensation you may have if your property is affected by construction works arising out of this FPS. The note also provides contact details within the Agency and sets out the standards we seek to achieve.

This note can give only general guidelines to the rights you may have. The notes are not intended to be exhaustive, and should be read with the appropriate legislation. Your property, circumstances and the nature of the construction works carried out on your land will vary greatly and claims for compensation will be treated on an individual basis.

If you are in any doubt, or want further information you should get help from the local authority; a qualified Solicitor or Chartered Surveyor. Before doing so you should contact the local authority or District Valuer who will advise if you may be able to claim for obtaining such professional advice.

WHO ARE WE?

The Valuation Office Agency is an Executive Agency of Central Government. You may also hear us referred to as the District Valuer. We are the largest provider of valuation and surveying services to the public sector including the Scottish Government, other Government Departments, NHS Health Boards, Housing Associations and HMRC. We have 5 Offices in Scotland located in Edinburgh, Glasgow, Aberdeen, Inverness and Dundee.

We are an entirely independent organisation from The [ LA].

COMPENSATION

Claims for compensation will be dealt with in terms of the Flood Risk Management (Scotland) Act 2009.

The FPS will describe by maps, plans and specifications the construction work or other operations which are to be carried out and will specify also the land which [ LA] and its appointed contractor/representatives require to enter to enable them to carry out this work.

The Act confers on The [ LA] powers to do the necessary work - Part 4 ,Section 66 of the Act gives power to The [ LA] to acquire property for the Scheme, if need be, although it is not anticipated that your property will be acquired unless by prior agreement. Generally, works will be undertaken to your property in terms of Part 6, Sections 79 - 81 of the Act, which gives The [ LA] powers of entry to your property.

Compensation would normally be paid in terms of Part 6, Sections 82 & 83 of the Act. The Scheme may provide for reinstatement of land and/or property damaged by the works. It is possible however that protective works might not in all cases prevent damage or disturbance and that in some cases reinstatement of land might not be physically possible. The Act allows for compensation to be paid in such circumstances if you can show that the value of your interest has been depreciated, or that you have suffered damage by being disturbed in the enjoyment of your property as a consequence of the carrying out of the Scheme (provided that a person shall not be entitled to compensation under this section unless the act or omission causing the depreciation or disturbance would have been actionable at his instance if it had been done or omitted otherwise than in the exercise of statutory powers).

A claim must be made in writing to The [ LA] either within two years of the damage becoming apparent, or within ten years of the completion of the Scheme, whichever is earlier.

Upon receiving your claim the LA will instruct the District Valuer to provisionally agree the compensation amount. The District Valuer will then negotiate directly with you or your representative before submitting a report to The [ LA].

Negotiation expenses, where appropriate, will be paid in accordance with the RICS Guidance Note - The calculation of surveyors' fees relating to the exercise of statutory powers in connection with land and property, 1 ^st edition.

Prior to appointing advisors you should contact the local authority or District Valuer who will advise if you may be able to claim for obtaining such professional advice and agree the level of fee at the outset.

If your business/home is affected by streetscape works this is a separate matter upon which you should take further advice.

DO I HAVE A RIGHT OF APPEAL IF I DISAGREE WITH THE COMPENSATION?

Under the Act, any dispute on compensation will be settled by the Lands Tribunal for Scotland.

Please bear in mind however that the District Valuer is impartial and independent of The [ LA].

OUR COMMITMENT TO YOU

We will provide the best possible service; provide helpful and impartial advice; help you to understand your rights and obligations; treat everyone fairly by valuing all properties impartially; keep information about your property confidential.

WHEN WE VISIT YOUR PROPERTY

We will: contact you to arrange a good time to inspect your property; be punctual in keeping the appointment (you can help us by letting us know in advance if you are unable to keep the appointment); carry identity cards.

IF YOU HAVE SPECIAL NEEDS

We are committed to helping all our customers. If you have a disability which we should take account of in order to help you fully, please tell us. We will respect your confidence at all time.

CONTACTING US

Compensation matters and any other issues arising from the Scheme will generally be handled by DVS, Inverness Office whose contact details are listed below.

Tel: 03000 506298

Please quote case reference XXXXXXX in any correspondence.

WHAT IF THINGS GO WRONG?

If you have a complaint about the service we have provided you should write to DVS at the office concerned who will look into the matter. We will do our best to put things right if we have made a mistake. We will acknowledge and try to deal with your complaints within 5 days. If we need to carry out further research we will let you know and try to have completed this within 20 working days.