Compulsory purchase orders
A compulsory purchase order (CPO) can be used to buy your home, property or land from you.
Objecting
You have the right to object to a CPO that affects your home.
You should object to the organisation who want to purchase your home. They're called the acquiring authority.
You must get at least 21 days to submit your objection.
Who can object
the owner, tenant or occupier of a property that is subject to a CPO
anyone affected by planned work - for example, you could be affected by a new motorway being built nearby because it will decrease the value of your home
anyone who has an issue with the work - for example, an environmental group objecting to a motorway being built because it increases pollution
How to object
There’s no set form for objecting.
The notice you get from the acquiring authority should explain how to object.
What to include
your name and address
your status - whether you’re an owner, tenant, occupier or someone affected by the work
the reasons for your objection
Reasons for objecting
You should include things like:
the impact on you having to move home
how you think it will affect your local community
whether you’ll be able to afford to stay in the same area
You cannot object on the basis that you have not been offered enough compensation. There’s a different process to challenge the amount you’re being offered.
Getting support for your objection
To strengthen your objection, you can do things like:
ask your councillor, MSP or MP to support it
work with your local residents’ association to make a joint objection
You can get free independent advice on objecting to a CPO from Planning Aid for Scotland.
If there’s a public inquiry
If any owners or tenants object, there must be a public inquiry about the CPO.
A public inquiry is run by someone who is independent from the acquiring authority.
The inquiry gives everyone who objected the chance to give their reasons and show any evidence they have.
Once the public inquiry is completed, it will make recommendations to the Scottish Government, who’ll make the final decision.
If your objection is unsuccessful
The CPO will be confirmed. You’ll be sent:
a letter confirming the CPO
a copy of the CPO
a form for claiming compensation
To challenge this, you must appeal to the Court of Session within 6 months.
You’ll need a solicitor to help you do this. They’ll help you understand if you have a case, and appeal on your behalf.
Find a solicitor on the Law Society of Scotland
Check our advice on getting legal help for free or at a lower cost.
Last updated: 15 December 2023
Housing laws differ between Scotland and England.
This content applies to Scotland only.