Government consults on reforms to Crichel Down Rules on compulsory purchase

The rules date back to a Parliamentary inquiry in 1954 and govern the process of giving former owners of land acquired by, or under the threat of, use of a compulsory purchase power, the opportunity to repurchase surplus land from disposing authorities.

The consultation paper notes that the rules are constituted in government guidance and are not intended to have statutory effect.

It adds: “Case-law has referred to the principle that former landowners should, as a matter of common fairness, generally have a preferential claim to buy back the land which they were compelled to sell.”

The paper suggests that the rules have “developed piecemeal over several years and they have not been subject to a comprehensive review in decades”.

The Government is of the view that it is time to test the suitability of the rules for a modern context, the MHCLG says.

It adds: “The current Crichel Down Rules play an important role in promoting fairness, however, they are perceived by government departments, agencies and other stakeholders as complex, cumbersome, outdated and their administrative costs excessive which does not serve the interests of the government or taxpayers.”

The Government is said to be of the view the rules should be retained albeit in an updated version.

It wants to review the scope of land and the qualifying interests which are captured by the rules and make the process of disposing surplus land acquired by, or under threat of, use of a compulsory purchase power more efficient to reduce complexities, delays and costs.

The consultation therefore sets out proposals which aim to consolidate and reform the rules “so they are clearer, streamlined, and the administrative burden and costs of disposing land in accordance with the Rules are reduced”.

The government also proposes to make technical changes to the rules to improve their implementation.

The consultation paper contains the proposed, updated draft Crichel Down Rules (2026 version), covering both the reform proposals and the technical changes.

The rules apply to land in England which has been acquired by, or under threat of, use of a compulsory purchase power or under the blight provisions. They also apply to land in Wales acquired by and still owned by a UK government department.

This consultation closes on 6 January 2027.