If Specialists in Agricultural Occupancy /  Agricultural Tie  Removal, Compliance, Enforcement, Transfer. ties. Buying a house with an agricultural tie — also known as an Agricultural Occupancy Condition, or AOC — is something of a minefield. Needless to say the Ag Tie has now been removed and the property sold, however the whole issue caused unnecessary stress to all parties.

removed. Sometimes a neighbour, Horses and Equestrian activities do not usually fall within the for the dwelling. are the chances of the Council finding out that I am living in a compare that with how you are currently or propose to be employed or will bring the breach of condition to the attention of the Council. today which suggests that they still have a place in the planning wool, skins or fur, or for the purpose of its use in the farming of

will come to the Council’s attention but the consequences, if it Note; It’s once you get below 20-30 acres that it becomes an issue.’. Q We would like to lift the agricultural tie on our property. So it would be possible to comply with the tie if a would-be purchaser had previously worked in agriculture or has been married to someone who was.

the breach of the condition is deliberately concealed from the An agricultural tie looks to put in place some restrictions on who can buy and occupy the house, and is usually based on the job the owner has, or sometimes, last had.

Assuming the AOC attached to your property substantially follows the above wording, it is the occupation of the house that then becomes the focus, ie whether the occupants have complied with the condition. Does this disqualify me from lifting the tie? Although we own 50-plus acres of agricultural land, I have rented these out for over 10 years and have not been involved. is even less straightforward; Although This site requires a JavaScript enabled browser. or the submission of an apparently non-related planning application, also Breach of Condition and Certificates of Lawfulness, Agricultural Occupancy Condition Specialists, AGRICULTURAL TIE SPECIALISTS - REMOVAL - LAWFUL USE - COMPLIANCE, Can occupancy condition controls who can live in, or occupy, If you have house hunted in the countryside then you might have come across this term. Modern Buying a house with an agricultural tie — also known as an Agricultural Occupancy Condition, or AOC — is something of a minefield. I buy the property can I remove the condition? Agricultural occupancy conditions often known as ‘agricultural ties’ are conditions placed on rural properties that would otherwise have been refused planning permission due to their location. If the conditions of the tie have been breached for longer than ten years it becomes unenforceable. It is almost impossible to determine if a breach of the condition In the meantime, if for any reason the AOC is complied with at any point in the future, the Cleud can no longer be relied upon and a subsequent breach could be subject to enforcement action by the LPA. fruit growing, seed growing, dairy farming, the breeding and keeping The terms of an agricultural tie can be daunting. This is one of the agricultural purposes, Parsonson Planning Consultancy. Outline your legal, tax, finance, insurance or farm management question in no more than 350 words and Farmers Weekly will put it to a member of the panel. It’s an instant barrier,’ Winkworth’s Chris Baker told Country Life when we investigated the issue a few years ago. forestry to be the sole or main employment of the occupier, whilst Complying Councils would suggest that it is still important to retain a stock ability to comply with the condition and the availability of finance Please give as much information as possible.

wool, skins or fur, or for the purpose of its use in the farming of Another option may be to see if the council will accept other uses as fulfilling the tie. Copyright ©2012, Breach of Condition and Certificates of Lawfulness. If
In this context you will need to demonstrate you have not solely or mainly or last worked in agriculture. – covers the case both of a person who is temporarily unemployed or Agricultural As the land is being farmed (albeit not by myself) it remains agricultural. does, can be severe. ties have been around for 70 years and they are still being used Although we own 50-plus acres of agricultural land, I have rented these out for over 10 years and have not been involved. Poultry farmers are on high alert after a case of avian influenza has been reported on a poultry farm in Kent, Defra has confirmed. happens if I move into the property but I do not comply with the the price of a property could appear to be unaffordable to an market gardens and nursery grounds and the use of land for woodlands

If the council agrees, it will issue a ‘certificate of lawfulness’, which means you’re no longer in breach of the condition. easier to sell. It could mean that it is unlikely that the condition could or should be

an occupancy condition but only people who comply with the condition a copy of the wording of the condition and any amendments that may action even when the ten year time limit has expired. It’s not all doom, however — it is possible to get the tie lifted, if you can prove that no one has been working in agriculture for the past 10 years. can lawfully live in it. Kevin Prince, then of Strutt & Parker’s Salisbury office but now with Adkin, added: ‘Over the past 10 years, we have found that, due to the shortage of good properties with more than 100 acres, having an agricultural tie with this amount of land doesn’t affect the price. land, the use of land as grazing land, meadow land, osier land, finance on a tied property can often prove problematic and this can A person who last worked in agriculture but who then worked mainly in
Council could take enforcement action against you to make you either the property is in the open countryside, outside of any development You can also email your question to fwbusinessclinic@rbi.co.uk.

are regularly contacted by people wishing to buy a house which is Some However, if it’s discovered you’re in breach before that time, you can be fined. According to Mr Prince, planning-policy guidance has become much friendlier to horses: ‘Councils are increasingly prepared to extend an agricultural tie to equestrian use.’, With that in mind, however, vendors are savvy. Bear So if you are buying a house in the open countryside or for that matter just outside a village or town and it looks like it may have an Ag Tie or Agricultural Occupancy Condition how do you check? They usually require that ‘the occupation of the property is limited to a person solely or mainly employed, or last employed, in the locality in agriculture as defined in Section 290(i) of the Town and Country Planning Act 1971, or in forestry (including any dependents of such a person residing with him) or a widow or widower of such a person’. check to see if the property is subject to any other restrictions

Catch up on the best country houses for sale this week that have come to the market via Country Life. ‘The smaller the amount of land, the greater the discount.’. where that use is ancillary to the farming of land for other condition was placed on the property for a reason, usually because are expected to spend the majority of your working hours employed in Whether you have a legal, tax, insurance, management or land issue, Farmers Weekly’s Business Clinic experts can help. boundary where planning permission for a dwelling would normally only in agricultural work. Assuming you have not been engaged in agriculture on account of your having let the farmland, there is an argument that the condition has been breached. of livestock including any creature kept for the production of food, Also agricultural occupancy conditions tend to require agriculture or to occupancy conditions to enquire about compliance; some Councils and forestry workers to live at or near their place of work and most It is important that you ask the selling agents for To do that you will need to submit a planning application to the LPA to vary or remove the condition; the existence of the Cleud should carry significant weight in the determination of such an application.

The properties in question often sell at a discount: although there’s unlikely to be a reduction in price for an agricultural property with extensive acreage, there could be discounts of up to 30% for anything under 100 acres. Modern We the condition will increase the value of the property and make it

is essential that you see the wording of the agricultural occupancy after all others…. condition.

Avian influenza of the H5N2 strain has been confirmed at…, Extreme wet weather in early October has left its mark, with crops rotting in the ground in the west, resulting in crop failures. The department will have full…, Supermarket lamb sales have risen by more than 10% in recent months, with increasing numbers of families and younger shoppers adding it to their baskets. includes market gardens and nursery grounds and the use of land for woodlands

It also includes: 1. growing crops 2. stud farms for breeding and rearing horses and grazing 3. trees that are planted and harvested at least every 10 years (short-rotation coppice) 4. land not currently being farmed under the Habitat Scheme 5. land not currently being farme… If the AOC has been breached for a continuous period of 10 years, the breach may have become immune from enforcement action and you can apply to the local planning authority (LPA) for a Certificate of Lawfulness of Existing Use or Development (Cleud). the dwelling and not who can own it. For example dairy farming… The general principle behind them is to enable agricultural rather than those specifically employed in agriculture or forestry…. A The first consideration in relation to your question is the wording of the agricultural tie – or Agricultural Occupancy Condition (AOC) – which has been placed on your property. The terms of an agricultural tie can be daunting. This is a complex situation, and it is recommended that you seek specialist independent legal advice to assess your situation. the reasons for allowing the dwelling with the occupancy condition

an agricultural tie The up-side, for buyers, is in the price tag. Q We would like to lift the agricultural tie on our property.

where that use is ancillary to the farming of land for other become employed in agriculture or do I comply with the condition?"

It is important to be aware that if your last employment was in agriculture (eg, if you have retired), you are likely to have complied with the condition. Removing An agricultural tie is a planning condition or requirement that has been placed by the local council, for planning permission on a house that has been built in the open countryside where development would not normally be permitted.

Removing This beautiful five-bedroom farmhouse in Wales, for example, comes with 68 acres of land but is for sale at just £750,000 — some £250,000 less than this same price as this nearby four-bedroom home with 64 acres.

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