What rights do Asset owners have?
Listing
Private asset owners have the right to request an internal review of the listing of their asset. They have eight weeks to object to the listing, following notification of their asset being listed. This internal review will be conducted by a senior officer within the council, who was not involved in the original decision to list the asset. The outcome of this review could result in the removal of the asset from the list.
If, following an unsuccessful internal review, the owner still objects to the asset being listed, the owner can lodge an appeal to the First Tier Tribunal. The owner has 28 days, following the notification of the internal review decision, to lodge an appeal.
Compensation
Private owners may claim compensation for loss and expense incurred through the asset being listed or previously listed. This could be due to a period of delay in entering into a binding agreement to sell which was wholly caused by the interim or full moratorium period. It could also be for legal expenses incurred in a successful appeal to the Tribunal.
The local authority must make a decision on the compensation claim; however no time limit is specified. If the owner objects to the compensation decision, they have a right of internal review. If they are unhappy with the review outcome they then have 28 days to appeal to the First Tier Tribunal.