Compulsory purchase has been a fundamental part of delivering major public infrastructure projects for almost 200 years. Roads, railways, flood protection schemes, etc. all rely on land acquisition to be deliverable. While these projects often bring significant benefits to communities, they also have a major impact on the individuals, businesses and landowners whose properties (and lives) are affected.
At FG Burnett, we have represented property owners through both the compulsory purchase process and compensation negotiations for decades. Leading this specialist area is Consultant Keith Petrie FRICS, who brings almost 50 years of experience advising clients throughout Scotland.
A Long History of Supporting Property Owners
Keith joined FG Burnett in 1982 after six years specialising in compensation assessment work in Glasgow. Since then, he has been involved in every major compulsory purchase scheme across the north-east of Scotland and many of the more minor schemes.
His experience spans projects including:
- The George Street redevelopment for Aberdeen’s Bon Accord Centre
- Kintore Bypass
- Inverurie Bypass
- Aberdeen Western Peripheral Route (AWPR)
- A9 and A96 dualling schemes
Following the announcement of the route of the AWPR in 2005, Keith has advised clients since then throughout the compulsory purchase process and successfully negotiated compensation for well over 100 separate claims, including appearances at the Lands Tribunal for Scotland where the claims were being disputed and no amicable agreement could be reached.
More recently, he has represented many property owners affected by Aberdeenshire Council’s Flood Protection Scheme in Stonehaven, Aberdeen City Council’s Berryden Corridor Improvement Scheme and the South Harbour Road improvement scheme serving Aberdeen South Harbour.
Understanding the Compulsory Purchase Process
Compulsory purchase in the UK is governed by strict legislation designed to balance the public interest with the protection of private property rights.
The process begins when an Acquiring Authority promotes a Compulsory Purchase Order (CPO) identifying the land required for a public project and everyone with a legal interest in the affected properties including owners, tenants and landlords.
Affected parties have the right to object. Depending on the circumstances, objections may be considered through a Hearing or a Public Local Inquiry before the Scottish Ministers decide whether the CPO should be confirmed- which is very often the case.
Scotland has recognised private property rights for centuries, so compulsory acquisition is never undertaken lightly. Acquiring Authorities must demonstrate that the public benefits of the proposed project outweigh the adverse impact on the affected property owners.
Securing Fair Compensation
Once a Compulsory Purchase Order has been confirmed, attention turns to the assessment of compensation which needs to be instigated by the affected party.
This is a niche and highly specialised area governed by long-established (but now outdated) legislation and extensive case law. Compensation is intended to ensure that those affected are not left financially worse off as a result of compulsory acquisition and while this principle is fine in theory, it has been Keith’s experience that this rarely works out in practice.
Determining appropriate compensation requires detailed knowledge of property valuation set against legal principles as well as soft negotiation skills. Every claim is unique, with factors such as market value, disturbance, business losses and other financial impacts all requiring careful assessment.
Having an experienced surveyor acting on your behalf can make a significant difference to achieving a fair outcome.
Helping Shape Future Reform
Much of Scotland’s compulsory purchase and compensation legislation dates back to the nineteenth and mid-twentieth centuries. Recognising the need for modernization and in 2014 Scottish Government asked the Scottish Law Commission to undertake a comprehensive review.
Keith played an active role throughout the consultation process, which culminated in the Commission’s substantial 2016 report recommending wide-ranging reforms.
More recently, he served as a very active member of Scottish Government’s expert working group which was established to progress these recommendations. This work led to a public consultation in late-2025 involving stakeholders from across the sector.
Although legislative reform has been delayed as a consequence of the 2026 Scottish Parliamentary Election, there remains hope that the new Scottish Government will revisit and progress with these important changes which are purposefully designed to both assist Acquiring Authorities in being better able to acquire property for much-needed public works and the affected property owners in terms of a fairer compensation system.
Looking Ahead
Current projects continue to demonstrate the challenges associated with compulsory purchase.
Aberdeen City Council’s South Harbour road improvements, for example, involve only relatively small areas of land acquisition. However, the construction programme is expected to last around two years and will cause significant disruption to businesses operating within the Altens Industrial Estate.
As both the UK and Scottish governments continue to invest in infrastructure to support economic growth, compulsory purchase will remain an essential mechanism in the delivery of these public projects.
Experience That Makes a Difference
While Keith recognises the importance of compulsory purchase in enabling essential public infrastructure to be created, he believes many improvements to the current regimes are needed.
In particular, he highlights two ongoing challenges:
- The length of time it often takes for Acquiring Authorities to complete the compulsory purchase process.
- The need for a compensation assessment system that much more fairly reflects the financial impact experienced by many affected property owners and businesses.
For anyone facing compulsory purchase, expert professional advice is invaluable. With decades of specialist experience, FG Burnett has helped hundreds of clients navigate what can be a complex and stressful process, ensuring their interests are protected and their entitlement to compensation is fully pursued.
If your property or business may be affected by a Compulsory Purchase Order, our experienced team is here to provide clear, practical advice from the outset.
Lastly, the costs of objecting to a CPO are not usually able to be recovered. However, it should be noted that all the reasonable professional fees incurred in the assessment/negotiation of the compensation claim are payable by the Acquiring Authority over-and-above the agreed compensation sum, meaning that instructing an appropriate Chartered Surveyor comes at no cost to the affected property owner.
For more information visit www.fgburnett.co.uk or contact keith.petrie@fgburnett.co.uk