{
  "url": "https://openlegislation.uk/land-development-values-compensation-act-northern-ireland-1965/section-33",
  "json_url": "https://openlegislation.uk/land-development-values-compensation-act-northern-ireland-1965/section-33.json",
  "legislation": "apni/1965/23",
  "legislation_title": "Land Development Values (Compensation) Act (Northern Ireland) 1965",
  "legislation_url": "https://openlegislation.uk/land-development-values-compensation-act-northern-ireland-1965",
  "path": "section/33",
  "kind": "section",
  "number": "33",
  "heading": "Calculation of value.",
  "text": "(1 ) In calculating the value of a compensatable estate in and for the purposes of section 26\n(a) subject to subsection (2), rules (2) to (4) of the rules set out in Article 6(1) of the Land Compensation (Northern Ireland) Order 1982 shall, so far as applicable have effect as they have effect for the purpose of assessing compensation for the compulsory purchase of land; and\n(b) if a compensatable estate to be valued is mortagaged, it shall be treated as if the mortgage had been discharged.\nSubs. (2) rep. by 2001 c. 2 (NI)\n(3) Where, for the purposes of section 26\n(a) value falls to be calculated by reference to the duration of a tenancy; and\n(b) by reason of any option or other contractual right with respect to the determination, renewal or continuance of the tenancy the date of expiry of the tenancy is not ascertainable with certainty;\nthat date shall be taken to be such as appears reasonable and probable having regard to the interests of the party by whom the option is exercisable, or in whose favour the right operates, and to any other material considerations subsisting at the time when the calculation of value falls to be made.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "1972 NI 17"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "1972 c. 5 (NI)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "2001 c. 2 (NI)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "1982 NI 9"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 33 applied (with modifications) (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), ss. 181(4), 254(1), (2) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/apni/1965/23/section/33",
    "retrieved_at": "2026-10-29T21:32:29.017283+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}