We remain open and continue to serve our communities during the COVID-19 pandemic. Click here for more info

Compulsory acquisition and property resumption

Commonly asked questions about compulsory property acquisition

The government has a full-time team which specialises in taking away people’s homes and paying as little as possible. The staff at Roads and Maritime Services (RMS) have taken away a lot of properties and they do not have the property owner’s interests at heart. That’s why it’s important to have an expert on your side if you want to receive fair compensation for your property.

Anyone can afford to engage a top-notch lawyer because it’s effectively free. Fees for legal advice and expert assistance to a property owner under the acquisition process must be paid for by the government under a provision in the Land Acquisition (Just Terms Compensation) Act.

The reason for this is that the government has a lot of experience in compulsory land acquisition, whereas most land owners have never done it before. This is why the Act builds in protections for landowners, by paying their costs to obtain expert legal and valuation advice.

There are a number of claims which homeowners can make as part of the compensation package. The most substantial of these is obtaining a fair price for the property itself. Other claims include “solatium”, which recognises an emotional attachment to a home and “disturbance”, which recognises the cost of accommodating your needs (transport, disabled access, proximity to hospital or amenities), removalist costs, connection of phones and other services to the new home.

In addition, stamp duty and legal fees incurred in the purchase of a new home are fully claimable, as well as the refinancing fees for the mortgage.

Businesses facing compulsory acquisition of their premises can claim for certain costs. However, you need expert advice to get the best results.

Every business has different needs. Faced with compulsory acquisition, some can be relocated and some cannot. Those that cannot be relocated must be compensated for the total destruction of the business.

Relocation claims can include a vast range of expenses, including:

  • Cost of finding suitable new premises
  • Legal costs for the new lease and bank guarantees
  • Fitout of the new premises
  • Installation of any specialist equipment
  • Increased rent
  • Removalist fees
  • Setting up and testing new phone systems, data cabling and computer hubs to ensure a smooth transition with minimal business interruption
  • Advertising the new location
  • Printing new stationery
  • Cost of an organiser to manage logistics
  • Staff wages and overtime to help with the move

Our experts

Postcode

News

NSW tenants and landlords may benefit from changes to residential tenancy laws
27 Aug 2020
NSW tenants and landlords need to be aware of the legal implications of new ...
Read More
Can you legally terminate a contract due to Covid-19?
15 Jul 2020
Can you renegotiate a contract because of the impact of coronavirus? The ...
Read More
Is a written contract necessary for a deal to be enforceable?
18 Jun 2020
Handshake agreement versus written contract – are they both legally binding? ...
Read More
Is a handshake agreement legally binding?
17 Jun 2020
Suppose you were to come to a verbal agreement on a deal with another person and...
Read More
NSW government’s compulsory land acquisition is surging ahead, so know your rights
10 Jun 2020
Compulsory land acquisition is occurring at almost record levels across Sydney ...
Read More
Strata corporation bylaws in NSW can ban pets, tribunal rules
02 Jun 2020
Two of Sydney’s largest apartment towers ban residents from bringing pets into...
Read More
A negotiated agreement might be more attainable during a pandemic
30 Apr 2020
Multiple factors can influence a person to resolve a dispute Do you have an ...
Read More
Asking my employees to work from home – what’s the risk?
23 Apr 2020
For large numbers of businesses, closure and lockdown measures have meant that ...
Read More
How does coronavirus affect your retail, residential or commercial lease?
18 Apr 2020
One notable aspect of the effects of the coronavirus is that, because of the ...
Read More
Australian government coronavirus response package infiltrates many corners of Australian law
17 Apr 2020
Exactly where the saying “desperate times call for desperate measures” comes...
Read More
Do force majeure clauses apply to the coronavirus pandemic?
01 Apr 2020
Force majeure, also known as an “Act of God”, is an unforeseeable event ...
Read More
Your staff are all working from home – so what are your health and safety obligations as an employer?
31 Mar 2020
Employers still responsible for ensuring safe work environment With more and ...
Read More

Why Stacks

No hidden fees
Nobody likes surprises on their bills, so we take the time to agree with you exactly what our work will cost before we do it (not after!)
Deep expertise
Our lawyers aren’t ‘general practitioners’, they’re experts in their chosen fields of practice (many are Accredited Specialists)
Practical advice not legalese
We provide clear, practical advice, in plain English, so that you can make decisions with confidence
Over 25 local offices
Our local offices are owned and operated by friendly, local professionals, who are proud and active members of the communities they serve
Real client care
Genuine care for clients has been at the core of our practice since the first office was opened by ER Stack on the NSW Mid-North Coast in 1931
Progressive practice
We invest in technology and systems so that our services are always cost effective and clients are in control of their own legal affairs

More about our promises

Get help now

It's easy to get help, just tell us your story and we'll help you understand all your options. If you’d like us to help, we’ll agree exactly the work you'd like us to do up front so that you can be certain about our costs.

Your enquiry is completely confidential.

Complete the form and one of our experts will get back to you within 24 hours.

Reach out

Fill out this form and one of our local law professionals will be in contact

By submitting this form you agree to the terms of our Privacy policy