Part 2: Compulsory Purchase Etc Chapter 1: Temporary possession of land Section 21: Counter-notice
This section provides that an ‘owner’ (defined as a freeholder or leaseholder) of the temporary possession land may serve a counter-notice on the acquiring authority within 28 days of the notice of intended entry being given limiting the period for which the acquiring authority may take temporary possession to either 12 months in the case of a dwelling (or part of a dwelling) or six years in any other case. The acquiring authority may then either accept the notice and limit the period of temporary possession as requested, withdraw the notice of intended entry, or proceed to compulsorily acquire the land and must give notice of its decision to the owner within 28 days of the counter-notice being given.
	In addition, a leaseholder can instead opt to give a counter notice preventing the acquiring authority from taking temporary possession of the land. The acquiring authority may then either accept the notice, or proceed to compulsorily acquire the land and must give notice of its decision to the leaseholder within 28 days of the counter-notice being given.
	If the owner’s interest is purchased by the acquiring authority, the material detriment provisions in the Compulsory Purchase Act 1965 or the Compulsory Purchase (Vesting Declarations) Act 1981 may apply if only part of the owner’s house, building or factory is taken.
	This section extends and applies to England and Wales only.