Compensation types

There are other types of compensation that you may be eligible to receive, depending on your situation.

Speak to your valuer and legal representative to determine which of them will apply to you. 

A lawyer can help you understand your legal rights and assist in reaching an agreement with the acquiring authority on the compensation you may be entitled to. 

For advice on finding a lawyer, you can contact the NSW Law Society on (02) 9926 0333 or visit lawsociety.com.au.

Market value of your property

Market value is the amount that would have been paid for your property if it had been sold on the open market, if the proposed project or public purpose did not exist.  

See how market value of your property is calculated.

Special value

Special value of land means the financial value of any advantage, in addition to market value, to the person entitled to compensation which is incidental to the person’s use of the land. Special value is determined by the valuer. Speak to your Acquisition Manager for more information. 

Loss attributable to severance

Compensation for severance generally applies when an acquisition severs part of a property and as a result, the remaining property may incur a reduction to its market value. 

Loss attributable to disturbance

 Loss attributable to disturbance of land means any of the following:

(a)  legal costs reasonably incurred by the persons entitled to compensation in connection with the compulsory acquisition of the land,

(b) valuation fees of a qualified valuer reasonably incurred by those persons in connection with the compulsory acquisition of the land (but not fees calculated by reference to the value, as assessed by the valuer, of the land),

(c) financial costs reasonably incurred in connection with the relocation of those persons (including legal costs but not including stamp duty or mortgage costs),

(d)  stamp duty costs reasonably incurred (or that might reasonably be incurred) by those persons in connection with the purchase of land for relocation (but not exceeding the amount that would be incurred for the purchase of land of equivalent value to the land compulsorily acquired),

(e) financial costs reasonably incurred (or that might reasonably be incurred) by those persons in connection with the discharge of a mortgage and the execution of a new mortgage resulting from the relocation (but not exceeding the amount that would be incurred if the new mortgage secured the repayment of the balance owing in respect of the discharged mortgage),

(f)  any other financial costs reasonably incurred (or that might reasonably be incurred), relating to the actual use of the land, as a direct and natural consequence of the acquisition.

Disadvantage resulting from relocation

The maximum amount of compensation an acquiring authority can provide to owners for disadvantage is $95,010. for acquisitions on or after 1 July 2024. This amount is adjusted annually to account for inflation, based on the consumer price index, often referred to as CPI.

Compensation for disadvantage resulting from relocation considers:

• your interest in the property
• the length of time you have lived in the property (and in particular whether you are living in the property temporarily or indefinitely)
• the inconvenience likely to occur
• the period after the acquisition that you have been  –  or will be  –  allowed to remain in possession of the property.