What Is An Agricultural Occupancy Clause?

How do you qualify for agricultural occupancy?

What are they? An Agricultural Occupancy Condition is generally known to determine that the person who lives in the property must be working, or retired from working, in agriculture or forestry in the local area.

Can I buy a house with an agricultural tie?

An agricultural tie, also known as an agricultural occupancy condition (AOC) or ag tie, is a legal restriction that limits the occupancy of a property. They are legally enforceable conditions placed on a property by the local council on granting planning permission for such properties.

What does subject to an agricultural occupancy condition?

In simple terms, an agricultural tie, or Agricultural Occupancy Condition (AOC), is a planning condition which states that the property can only be occupied by someone who is ‘wholly or mainly occupied in agriculture or forestry ‘. This condition also applies to widowers or dependents.

How do I get rid of agricultural occupancy restrictions?

Undoing Agricultural Ties

  1. If an ag tag was imposed by a planning condition that has been breached continuously for ten years, it may become immune from enforcement action.
  2. The only way to definitively remove the tag is through an application under section 73 of the Town and Country Planning Act 1990.
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What counts as agricultural use?

Agriculture includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land, the use of land as grazing land, meadow land, osier land, market gardens

Can you remove an agricultural tie from a property?

To remove an Ag Tie means that it is permanently removed and unlike regularisation cannot be reactivated if a qualifying individual, such as a farm worker, were to move into the property. There are two ways to remove an Ag Tie and in many cases it is possible to remove it without marketing the property for sale.

How do you know if a property has an agricultural tie?

So how do you know if the property you are interested in purchasing has an Ag Tie?

  1. Firstly always have a Local Search carried out.
  2. Secondly, check the full planning history for the property with the Local Planning Authority.
  3. Thirdly ask the vendor.
  4. Fourthly, go with your instinct.

Are local occupancy clauses legal?

Occupancy restrictions mean only people who meet certain criteria can live in a particular house. There are three key types of restriction: Occupancy conditions on planning permissions granted under the Town and Country Planning Act. Planning obligations – these are legal agreements.

What are agricultural restrictions?

An Agricultural Restriction is a condition imposed by a Planning Authority, when granting planning consent for the building of a dwelling, usually in an area where otherwise development would not be allowed. The process begins with an application for planning consent or permission to build a dwelling.

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What is classed as agricultural work?

An agricultural worker is someone who works in: farming and rearing animals. growing produce including non-edible crops like bulbs, plants and flowers. forestry, market gardens and nurseries.

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