# The Planning Blight (Compensation) (Northern Ireland) Order 1981, Article 4: Interests qualifying for protection

Extent: N.I.

(1) An interest in land qualifies for protection under this Order if, on the date of service of a blight notice in respect thereof, the interest—
(a) is that of a resident owner-occupier; or
(b) is that of an owner-occupier—
(i) in an agricultural unit or part thereof; or
(ii) in a hereditament if either of the following sub-paragraphs applies—
(aa) the net annual value of the land does not exceed £19,685; or
(bb) the capital value of the hereditament does not exceed £2,100,000.
(1A) The Department may by Order substitute a different limit for any limit specified in paragraph (1)(aa) or (bb).
(2) In this Order “resident owner-occupier” in relation to a hereditament means an individual who—
(a) occupies, in right of an owner's interest, the whole or a substantial part of the hereditament as a private dwelling and has so occupied the hereditament or that part during the whole of the period of six months ending with the date of service of a blight notice; or
(b) occupied, in right of an owner's interest, the whole or a substantial part of the hereditament as a private dwelling during the whole of a period of six months ending not more than one year before the date of service of a blight notice, the hereditament, or that part thereof, as the case may be, having been unoccupied since the end of that period.
(3) In this Order “owner-occupier” in relation to an agricultural unit means a person who—
(a) occupies the whole of that unit, and has occupied it during the whole of the period of six months ending with the date of service of a blight notice; or
(b) occupied the whole of that unit during the whole of a period of six months ending not more than one year before the date of service of a blight notice,
and, at all times material for the purposes of sub-paragraph (a) or, as the case may be, sub-paragraph (b), has been entitled to an owner's interest in the whole or part of that unit.
(4) In this Order “owner-occupier” in relation to a hereditament means a person who—
(a) occupies, in right of an owner's interest, the whole or a substantial part of the hereditament and has so occupied the hereditament or that part during the whole of the period of six months ending with the date of service of a blight notice; or
(b) occupied, in right of an owner's interest, the whole or a substantial part of the hereditament during the whole of a period of six months ending not more than one year before the date of service of a blight notice, the hereditament or that part thereof, as the case may be, having been unoccupied since the end of that period.
(5) In this Article “owner's interest” means a freehold interest (whether legal or equitable) or a legal tenancy granted or extended for a term of years of which, on the date of service, not less than three years remain unexpired.

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Source: https://www.legislation.gov.uk/nisi/1981/608/article/4 (the official version)
Page: https://openlegislation.uk/planning-blight-compensation-northern-ireland-order-1981/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.