Significant infrastructure projects (SIP): compulsory acquisition in infrastructure consenting

This guidance explains: 

• how land or rights over land may be acquired for significant infrastructure projects in Wales, and
• what this means for applicants, communities, and landowners.

Compulsory acquisition allows land or rights over land to be obtained without the owner’s consent. It is typically used for projects that benefit the public. The process is used where agreement cannot be sought from the owner. It ensures fairness, including rights for affected parties to object, seek compensation, and challenge decisions.

Compulsory acquisition may be used to secure land or rights needed for significant infrastructure projects. This enables the project to proceed.

The Welsh Ministers consider compulsory acquisition requests at every stage of the infrastructure consenting process. This includes from pre-application consultation on the initial proposals through to decision-making. Detailed requirements are set out in the Infrastructure (Wales) Act 2024 and the Infrastructure Consent (Compulsory Acquisition) (Wales) Regulations 2025.

Key points on the process are set out below:

Before applying

Before applying for compulsory acquisition, applicants should try to acquire land by negotiation. Compulsory acquisition should only be sought if agreement cannot be reached.

Pre-application stage

At the pre-application stage, prospective applicants must consult with all affected land interests on a proposed application for infrastructure consent which includes a compulsory acquisition request. Affected land interests in this case would be: 

• an owner, lessee, tenant or occupier of the land, or
• a person who has an interest in the land, or has the power to sell, convey or release the land. 

The applicant is required to undertake all reasonable efforts to find out who has an interest in the land related to the proposed compulsory acquisition. Written notice of the application and the compulsory acquisition request must be given to all identified parties. The pre-application consultation report should also include details of consultation with land interests at that stage. 

Application stage

At the application stage, applicants must submit required information to the Welsh Ministers to ensure the compulsory acquisition request can be appropriately considered. At this stage, PEDW will consult on the application with affected land interests. 

The documents required to consider a compulsory acquisition request:

• A book of reference. This is a document that contains details of all land interests to the compulsory acquisition request. Its purpose is to ensure all of those interests are appropriately notified and consulted on the proposal.
• A statement of reasons. This is a document that must justify the compulsory acquisition sought and explain in why there is a compelling case in the public interest for it.
• A statement of funding. This is a document that must explain how the proposed compulsory acquisition will be funded.
• A plan. The plan must show the proposed land to be compulsorily acquired, any land to be acquired but excluded from the development area and any land provided as replacement land to the proposed development.
• A cross-referencing document. This is a document that must cross-reference representations received on the proposal by persons with an interest in the land to persons listed in the book of reference. This is to ensure all interests in land, who could potentially be affected by compulsory acquisition, are accurately consulted and kept informed of progress on the scheme.

Examination stage

At the examination stage, the subject of compulsory acquisition will usually be discussed at a hearing or inquiry. The examining authority may hold a meeting to discuss the method for examining the compulsory acquisition. The timetable for the examination will specify the details of any events or timescales for other matters related to the proposed compulsory acquisition. 

The process allows for the applicant to apply for additional land to be compulsorily acquired that was not initially identified by the applicant. This additional land could have been identified due to discussions on the scheme. The applicant will consult with those interested prior to submission of a request. The applicant must justify their variation request as part of its submission to the Welsh Ministers, including reasons for it, why it could not have been made earlier and how it can be examined during the timeframe for determining the application. 

Persons with an interest in the land subject to compulsory acquisition that were not identified initially may be identified later during the process. These are known as additional land interests. The applicant must consult with the additional land interests for a period of 28 days and update the documents submitted with the application.

Decision by the Welsh Ministers

The Welsh Ministers make the final decision on including the compulsory acquisition as part of an infrastructure consent. The Welsh Ministers will only agree to the compulsory acquisition if: 

• it is required for the infrastructure development, or
• is to facilitate the development or is incidental to it, or
• is replacement land given in exchange for land included as part of the consent, and
• in all cases, there must be a compelling case in the public interest for the compulsory acquisition. 

After the decision

Once a decision on a compulsory acquisition has been made, the Welsh Ministers will provide notice of their decision and the reasons for it. If approved, the person/s acquiring the land will be required to ensure the compulsory acquisition takes place. This includes giving notice to owners of the land of the compulsory acquisition and including a general vesting declaration statement within that notice.