This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how to challenge a Compulsory Purchase Order (CPO) in England and Wales. This detailed guide explains objection rights, public inquiries, High Court challenges, judicial review, time limits, procedural steps and practical considerations for affected landowners and occupiers.
What Is a Compulsory Purchase Order?
A Compulsory Purchase Order (CPO) is a legal power used by public bodies in England and Wales to acquire land or property without the owner's consent. Authorities typically use CPOs to assemble land for infrastructure projects, regeneration or public benefit developments. A CPO does not remove your right to compensation, but it may force the sale of your land or property if confirmed. Understanding how and when you can challenge a CPO is essential if you believe the order is unfair, unlawful, or procedurally flawed
This article explains the legal grounds for challenging a CPO, the steps involved, relevant time limits, procedural considerations, and practical actions you may consider if your property or land is subject to compulsory purchase.
Understanding the Compulsory Purchase Process
Before a CPO is confirmed, the acquiring authority must:
- Publicise the proposed CPO in local newspapers and on site.
- Serve individual notices on affected owners, occupiers and qualifying persons.
- Provide details of the order, its effects and where documents can be inspected.
- Specify a minimum period for objections (at least 21 days).
These procedural requirements are statutory, and failure to observe them can form the basis of a challenge. Objections must be in writing and arrive within the specified timescale. If valid objections are received, the confirming authority must normally arrange a public inquiry before deciding whether to confirm, modify or reject the CPO.
Grounds for Challenging a Compulsory Purchase Order
Challenging a CPO can occur at different stages and on different legal bases:
1. Objections Before Confirmation
The first opportunity to resist a CPO is through a formal objection during the promotion process. Objections must be submitted in writing within the timeframe set in the notices. Qualifying persons such as owners, tenants, occupiers and others with rights affected by the CPO can object. Objections that relate solely to compensation are not valid at this stage, because compensation disputes are dealt with separately after confirmation.
Grounds for a valid objection may include:
- The land is not properly required for the intended purpose.
- The impact on you or the community is disproportionate.
- There has been inadequate consultation or notice.
If objections are not withdrawn, the confirming authority typically holds a public inquiry at which objectors can present evidence. The inspector's recommendation informs the confirming authority's decision. A strong, well‑reasoned objection may lead the confirming authority to modify or reject the CPO before confirmation.
2. Challenging Confirmation by the Confirming Authority
If the CPO is confirmed despite objections, a more formal legal challenge is possible. Under Section 23 of the Acquisition of Land Act 1981, any person aggrieved by confirmation can apply to the High Court on limited grounds, provided the application is made within six weeks of the confirmation notice.
Common grounds for such challenges include:
- The authority acted ultra vires - it exceeded the powers granted by Parliament or relevant statute.
- The procedural rules governing the CPO process were not followed.
- The authority failed to consider relevant evidence, or took irrelevant considerations into account when confirming the order.
If successful, the court has the discretion to quash all or part of the CPO, order the authority to reconsider, or grant interim relief suspending the order's operation.
3. Judicial Review
In some circumstances, decisions made during the compulsory purchase process that are not directly about confirmation may also be challenged by judicial review in the Administrative Court. Judicial review must generally be brought “promptly” and usually within three months of the decision to be challenged. These challenges often focus on procedural unfairness or breaches of public law principles, including human rights issues.
How to Prepare a Challenge
Act Within Strict Time Limits
Timely action is crucial:
- Objections must be received before the deadline specified in the CPO notices (often at least 21 days).
- High Court challenges to the confirmation must be instituted within six weeks of the newspaper publication of the confirmation notice.
Delays can be fatal to your rights, so track all relevant dates and consult legal advisers early.
Gather Detailed Evidence
Whether objecting or preparing a later legal challenge, you will need robust evidence and clear submissions. Useful materials include:
- Copies of CPO notices and maps.
- Statements explaining how the CPO would affect you.
- Evidence of error in procedure or statutory non‑compliance.
- Legal authorities or case law supporting your points.
Professional advisers such as solicitors or chartered surveyors experienced in compulsory purchase matters can help analyse the issues and structure compelling arguments.
Attend the Public Inquiry
If your objection leads to a public inquiry, you have the opportunity to present evidence before an independent inspector. This is a structured forum in which affected parties explain why the CPO should not be confirmed or should be modified.
Practical Considerations
Compensation Rights Are Separate
Challenging the confirmation of a CPO is not the same as challenging the amount of compensation. Compensation entitlement is governed by a distinct statutory code and disputes over valuation or compensation are generally referred to the Upper Tribunal (Lands Chamber) after acquisition.
Alternative Dispute Resolution
In some cases, negotiation or alternative dispute resolution may help resolve specific concerns without resorting to formal challenges. Acquiring authorities are encouraged to engage meaningfully with affected parties throughout the process.
Costs and Risks
Legal challenges can involve significant costs, and in many civil proceedings the unsuccessful party may be ordered to pay costs. If objectors are successful in preventing a CPO or excluding part of their land, they may recover reasonable costs incurred in preparing the objection once the confirming authority's decision is issued.
Common Questions About CPO Challenges
Can members of the public challenge a CPO?
Yes. Members of the public who are “qualifying persons” affected by the order can object and may participate in inquiries. Third parties with no direct legal interest generally cannot object at the statutory stage but may make representations at an inspector's discretion.
Is compensation evidence relevant to objections?
Compensation issues cannot be raised as objections to the confirmation because compensation disputes are dealt with through separate statutory procedures after the order is confirmed.
What if the authority fails to follow procedure?
A failure to meet statutory procedures, such as inadequate notice or improper consultation, can be a powerful ground for challenge both at the objection and High Court levels.
Key Takeaways
Challenging a Compulsory Purchase Order in England and Wales requires careful attention to procedural steps, statutory rights, and strict time limits. Initial objections during the promotion of the CPO can lead to public inquiries that may prevent or modify the order. Where a CPO is confirmed, an aggrieved party can make a High Court application within six weeks on limited legal grounds, including procedural errors or excess of authority. Judicial review may also be possible for other decisions during the process. Effective challenges depend on early action, detailed evidence, and understanding the distinct processes for objections, court challenges and compensation disputes.
