Lands Chamber guidance

The Lands Chamber is part of the Upper Tribunal with power to determine a range of disputes and appeals concerning land in England and Wales. It replaced its predecessor, the Lands Tribunal, in 2009.

The Lands Chamber deals with the following types of cases:

Appeals against decisions of the First-tier Tribunal (Property Chamber) in England and the Leasehold Valuation and Residential Property Tribunals in Wales

The Lands Chamber has jurisdiction to hear appeals against all decisions made by the Property Chamber, and the Leasehold Valuation and Residential Property Tribunals in Wales, except for those relating to land registration cases which must be made to the Tax and Chancery Chamber of the Upper Tribunal.

References to the Property Chamber in this section also apply to the Leasehold Valuation Tribunals and Residential Property Tribunals in Wales, with the appropriate amendments.

Permission to appeal

To appeal to the Lands Chamber you must apply first to the Property Chamber for permission to appeal. The Lands Chamber will not accept an appeal from you unless you have been given permission to appeal by the Property Chamber.

If the Property Chamber refuses your application for permission to appeal then, and only then, you may apply to the Lands Chamber for permission to appeal.

If the Property Chamber has refused permission to appeal

An application for permission may be made to the Lands Chamber using Form T602 so that it is received by us within 14 days of the parties being sent the decision of the Property Chamber.

The form sets out the information and documentation you must provide us with. 

The fee for filing an application for permission to appeal is £200. Other fees are payable during the course of proceedings. Please make cheques payable to HMCTS.

If the Property Chamber has given permission to appeal

An appeal may be made by sending a completed Appeal Form T601 to the Lands Chamber so that it is received by us within 1 month of the parties being sent the Property Chamber’s decision. The form sets out the information and documents you must provide us with.

The fee for lodging an Appeal is £250. Other fees are payable during the course of proceedings. Leaflet T605 and the First-tier Tribunal (Property Chamber) appeals procedure flowchart contain further guidance. Please make cheques payable to HMCTS.

Appeals against decisions of the Valuation Tribunal for England and the Valuation Tribunal for Wales

The Lands Chamber hears appeals against decisions made by the Valuation Tribunal for England and the Valuation Tribunal for Wales concerning the rateable value or the rateability of non-domestic property.

To commence an appeal Form RA should be completed and sent to us so that it is received by us within 28 days of the Valuation Tribunal’s decision.

A fee of £250 is payable on lodging an appeal. Other fees are payable during the course of proceedings.

Leaflet T606 and the Valuation Tribunals appeals procedure flowchart contain further guidance.

Disputed compensation for the compulsory acquisition of land

The Lands Chamber has jurisdiction to determine disputes regarding entitlement to and the amount of compensation to be paid for land compulsorily purchased.

Proceedings may be commenced by one of the parties completing either Form T371 or Form T370.

A fee of £250 is payable on lodging the reference. Other fees are payable during the course of proceedings. Please make cheques payable to HMCTS.

Leaflet T604 and the Compulsory Purchase and Land Compensation References Procedure Flowchart (PDF 0.19Mb) contain further guidance.

Disputed compensation for injurious affection to land caused by public works

The Lands Chamber may determine disputes regarding entitlement to and the amount of compensation to be paid for the injurious affection of land by certain types of public works.

Proceedings may be commenced by completing Form T371.

A fee of £250 is payable on lodging the reference. Other fees are payable during the course of proceedings. Please make cheques payable to HMCTS.

Leaflet T604 and the Compulsory Purchase and Land Compensation References Procedure Flowchart (PDF 0.19Mb) contain further guidance.

Determining compensation to be paid following compulsory acquisition of land where the owner is absent and cannot be found

When the land of an owner who is absent, unknown or untraceable has been acquired under a compulsory purchase order, the acquiring authority is obliged to pay compensation into court in case the owner appears later and wishes to claim it. The Lands Chamber can determine the amount that should be paid.

Form T362 should be completed by the acquiring authority. However, if the land was acquired by a General Vesting Declaration, use Form T370 instead.

A fee of £500 is payable together with valuation fees of £420 if the land is in a Greater London Borough and £360 for all other areas. Please make cheques payable to HMCTS.

Leaflet T604 and the Compulsory Purchase and Land Compensation References Procedure Flowchart (PDF 0.19Mb) contain further guidance.

Disputed compensation regarding Tree Preservation Orders

The Lands Chamber may determine disputes regarding entitlement to and the amount of compensation to be paid for damage caused to property resulting from decisions made by local authorities concerning trees which are the subject of Tree Preservation Orders.

Proceedings may be commenced by one of the parties completing either Form T371 or Form T370.

A fee of £250 is payable on lodging the reference. Other fees are payable during the course of proceedings. Please make cheques payable to HMCTS.

Leaflet T604 and the Compulsory Purchase and Land Compensation References Procedure Flowchart (PDF 0.19Mb) contain further guidance.

The validity of Blight and Purchase Notices

The owner of land considered blighted by the proposals of a public authority may serve notice on the authority requiring it to purchase the land. The authority may serve a counter-notice setting out its grounds of objection.

When a counter-notice is served the owner may require the objection to be referred to the Lands Chamber who will determine whether the objection is well founded and make a declaration as to the validity of the Blight Notice. The same process applies to disputed Purchase Notices.

A reference to the Tribunal is made using Form T374. A response to the reference is made using Form T375.

A fee of £250 is payable on lodging the reference. Other fees are payable during the course of proceedings. Please make cheques payable to HMCTS.

See Leaflet T604 and the Compulsory Purchase and Land Compensation References Procedure Flowchart (PDF 0.18mb) for further information.

Disputed compensation for coal mining subsidence

The Lands Chamber may determine disputes regarding entitlement to, or the amount of, compensation to be paid for injury to land and property caused by subsidence caused by coal mining operations.

Proceedings start by one of the parties completing either Form T371 or Form T370.

A fee of £250 is payable on lodging the reference. Other fees are payable during the course of proceedings. Please make cheques payable to HMCTS.

Leaflet T604 and the Compulsory Purchase and Land Compensation References Procedure Flowchart (PDF 0.19Mb) contain further guidance.

Other land valuation disputes where the parties agree to refer the dispute to the Lands Chamber and where it acts as arbitrator

The Lands Chamber has a discretion to hear and determine other disputes concerning land where the parties have agreed to refer the dispute to it. In these cases the Tribunal acts as an arbitrator.  If you have such a case contact us explaining what the dispute is about to see if the Tribunal will accept it.

Proceedings may be commenced by one of the parties completing either Form T371 or T370.

A fee of £250 is payable on lodging the reference. Other fees are payable during the course of proceedings. Please make cheques payable to HMCTS.

Leaflet T604 and the Compulsory Purchase and Land Compensation References Procedure Flowchart (PDF 0.18mb) contain further guidance.

Appeals against Certificates of Appropriate Alternative Development

The Tribunal has jurisdiction to hear appeals against Certificates of Appropriate Alternative Development made pursuant to section 17 of the Land Compensation Act 1961. The appeal may be ‘freestanding’, or it may be a part of a disputed compensation reference. 

The process followed and the forms used are that of a reference to the Tribunal, rather than an appeal.

Proceedings may be commenced by one of the parties completing either Form T371 or T370.

A fee of £250 is payable on lodging the reference. Other fees are payable during the course of proceedings. Please make cheques payable to HMCTS.

Leaflet T604 and the Compulsory Purchase and Land Compensation References Procedure Flowchart (PDF 0.19Mb) contain further guidance.

The disputed valuation of land for Capital Gains and Inheritance Tax purposes

The Lands Chamber has jurisdiction to determine appeals against certain decisions and assessments made by Her Majesty’s Revenue and Customs (HMRC) concerning the valuation of land or buildings for Capital Gains Tax and Inheritance Tax purposes.

To commence a case write to the Tribunal stating that you wish to appeal the tax assessment.

In the letter you must:

  • State your name and contact details and those of your representative, if you have one.
  • State your address for service of documents by us and HMRC.
  • Say whether or not you wish to have a hearing.
  • Enclose a copy of the Notice of Determination – the document stating the value given to your property by HMRC.

The Tribunal will give directions specific to the case.

No fee is payable for lodging or determining such an appeal.

Applications to discharge or modify restrictive covenants affecting land

In certain circumstances the owner of freehold land or of long leasehold land affected by a restriction as to its use may apply to the Lands Chamber to have the restriction discharged or modified.

However, the owner or owners of land that has the benefit of the restriction may object to the application.

To lodge an application Form T379 should be completed. Objections to an application may be made using Form T381.

A fee of £800 is payable on lodging the application. Other fees are payable during the course of proceedings. Please make cheques payable to HMCTS.

Leaflet T608 and the Restrictive Covenants (s84 Law of Property Act) Procedure Flowchart (PDF 0.17m) contain further guidance.

The issuing of rights of light certificates

Owners of buildings or other structures with windows or other apertures in them may have a right to light across adjacent land if that light has been enjoyed for 20 years without interruption of a year or more.

However, the owner of the adjacent land may, before the 20 year period has expired, apply to the relevant local authority for a Light Obstruction Notice to be registered.

The effect of the registration of such a notice would be to prevent the owner of the building or structure from acquiring a right to light. For the Light Obstruction Notice to be registered the application must be accompanied by a certificate from the Lands Chamber certifying that adequate notice of the proposed registration of the Light Obstruction Notice has been given to all persons who appear likely to be affected by it.

An application to the Tribunal for a certificate must be made using Form T383 accompanied by three copies of the application to be made to the local authority for the registration of a Light Obstruction Notice Form T384.

The Lands Chamber’s role is limited to giving directions as to who should be served with notice of the Light Obstruction Notice, and how that service should be effected, and also the issuing of a certificate when it is satisfied that the service directed has been carried out. It has no jurisdiction to consider challenges to Light Obstruction Notices.

If you are served with notice that a Light Obstruction Notice is to be registered which may interfere with a right of light that you believe you have already acquired, to protect your right you must issue proceedings to challenge the Light Obstruction Notice in your local county court or the High Court.

A fee of £1,200 is payable on making the application for a certificate, but for urgent cases the fee is £1,500. Please make cheques payable to HMCTS.

Leaflet T607 contains further information.

The Lands Chamber also has jurisdiction by statute to hear and determine other matters not listed above. Please contact us if you are unsure whether the Lands Chamber can consider any matter.

Where is the Upper Tribunal (Lands Chamber)?

The Lands Chamber is based in London and usually hears cases there, but may sit anywhere in England and Wales subject to the availability of suitable accommodation.

Public enquiries:
Upper Tribunal (Lands Chamber)
45 Bedford Square
London
WC1B 3DN

  • DX: 149065 Bloomsbury 9
  • Tel: 020 7612 9710
  • Fax: 020 7612 9723
  • Typetalk: 18001 020 7612 9710
  • Email: lands@hmcts.gsi.gov.uk
  • Our office is open from 9am to 5.30pm Monday to Friday.

We are happy to accept hand delivered documents during our opening times.

 
HM Courts & Tribunals Service

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