Wayleave payments: what are they and how to claim

I’m always amazed by how many different types of benefits and compensation payments there are that are available to people but not widely known. This is definitely true of Wayleave payments.

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What are wayleave payments?

No matter where you live, you’ll be used to seeing electricity pylons and utility cables. They’re an essential part of modern day life, getting power to homes and businesses across the country. Wayleave payments, also known as Wayleave compensation payments (WCP) come into play when these wires or pylons cross over or sit in your property or land. The payment is made by the power provider to the property owner as compensation for having their wires over the owner’s land.

Who is entitled to Wayleave Compensation Payment?

Just because you have cables running above your land or pylons sitting in your garden does not mean that you are automatically eligible for Wayleave Compensation, there are a few things you need to bear in mind.

Wayleave compensation can only be paid once. This is true even if it wasn’t you that made the original claim. So, if the previous owner made a claim, or you’ve already claimed yourself, then you won’t be able to make a new claim. If you’ve got one of those huge metal pylons sitting on your land then it’s probably already been claimed for – either by the original developer who would probably be clued up to Wayleave payments and how to claim, or by a previous owner. If you’ve got one of the smaller wooden poles on your land, or wires crossing overhead, then you might have more luck. These don’t tend to be claimed for as often as they are so easily overlooked.

Make sure you know what the cables/wires/poles are. Bear in mind that the normal telecommunications wires that come into your home are not eligible for wayleave compensation. It’s the cables that cross your land for use by others as well as your own home that you’re looking for. Most of the time, these kinds of wires are found in more rural areas and on farmland.

What kinds of equipment can you claim for?

It’s not just a telegraph pole in your garden that could mean you’re entitled to either a one-off payment or an annual wayleave payment, you could be entitled if you have any of these on your private land:

• Telegraph pole
• Electricity pole
• Electric cables
• Overhead power lines
• Any network equipment that isn’t only supplying privately-owned land
• Mobile masts

How to claim Wayleave compensation

As with many types of compensation, it is possible to make a claim for Wayleave compensation independently. But, whilst this is obviously the best way to ensure that you get all of the compensation with having to pay a fee for a company to do it for you, claiming Wayleave compensation can be pretty complicated. That’s why, unlike the recent PPI claims you could do yourself quite simply, I would recommend seeking professional help. There are lots of companies that will offer to do this for you. Just make sure you do your research into how successful these companies have been for previous clients and make sure you know exactly how much they will charge for their service. With compensation claims, companies usually charge a percentage of the total payout you receive. You will usually receive a cheque for the full amount and then you will need to pay them their fee from that.

In the event where you own multiple properties where multi property landlord insurance is an item on your checklist, you might just as well add Wayleave compensation on these properties to see if you can claim.

BT or Openreach Wayleave Payments

If you have any Openreach or BT equipment on your land, then you’ve probably got a Wayleave agreement with Openreach. As with other providers, these agreements are in place to allow Openreach to install their equipment on your land to provide services to other people. Openreach will often automatically send an agreement out and sometimes they will also issue a payment too.

How much will you get for BT of Openreach Wayleave payments?

If BT or Openreach install a new pole in your garden, you will be entitled to a lump sum payment of just under £160 as well as an annual payment of £10.50. Rates for cables will differ. It’s always really important to make sure you know exactly what you’re entitled to, so read any legal agreement thoroughly before agreeing with any utility providers that they can use your land.

How do you know who to contact?

If you’re a land owner and you’ve got equipment on your land that’s used to send services to other properties and you’ve never made a Wayleave compensation claim before, then it’s time to look into doing so.

Most pylons and equipment will be marked with the supplier’s details, so it should be fairly easy to find out who you need to contact. Each item should have an identifying registration number and a telephone number. Most of the big companies will be able to answer any Wayleave questions you might have over the phone. This should include whether a claim has already been made.

Can a Wayleave claim be backdated?

As with anything where you could be owed money, the sooner you put your claim in the better. If you own a property and later find that you should have been receiving a Wayleave payment, you can usually claim for 6 years of backdated payments.

Wayleave claims are usually reviewed annually, so existing claims shouldn’t fall behind with payments, but it’s always worth checking for yourself that you’re receiving what you’re entitled to.

When don’t providers need a Wayleave agreement?

There may be times when an electricity company or power companies simply don’t need to have a wayleave agreement in place in order to use your land. If you have asked a company to provide a service to your property, or you are working with them on a specific project, then they may not need to pay you a fee or have a Wayleave agreement in place.

As with any type of compensation claim, it’s important to seek professional advice so that you know exactly what you are eligible for. You can use sites such as Money Saving Expert forums to find out how other people have gone about it and if they’ve been successful. As always, I’d love to hear your stories about how you’ve got on – any problems you’ve had claiming and of course your success stories too.