Agricultural Occupancy Conditions Lifted

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Lifting Agricultural Occupancy Conditions

Agricultural occupancy conditions (sometimes called ‘agricultural ties’, ‘agricultural clauses’ or ‘AOCs’) are conditions imposed by Councils on some rural properties resulting in situations whereby no one is allowed to live in the properties concerned except those specified in the restriction (usually farmers). This in turn means that the property’s value is vastly diminished (often up to 40% below the market value.) Buyers are often very hard to find especially when it’s realised that they are not allowed to live in the property unless they comply with the restriction. Mortgage providers are also notoriously reluctant to lend.

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Our Approach to Removing Agricultural Occupancy Restrictions - No Win No Fee

Often using different approaches to the usual methods, we have now lifted well over 300 occupancy restrictions.  This has often been by different approaches and even where our clients have failed before, sometimes even on appeal.’

We have even lifted double ties which some of our clients have had on their properties because the councils have repeated the restrictions by Section 106 or Section 52 planning obligations.

We offer a nationwide service with no fuss or hassle and with the vast majority of cases being finalised well below the average timeline with often no advertising to sell the property required.

Our fees for lifting agricultural ties are usually on a NO WIN NO FEE basis. Even where the only way forward is by a marketing exercise, most of the fee is no win no fee.

There are a variety of methods which can be used to achieve the removal of occupancy restrictions quite apart from the few which are well known. Because our team have a wide experience as council planning officers, we are ideally placed to spot opportunities which others may miss. For example, in one recent case to our client’s amazement, we were able to demonstrate to the Council that the restriction should never have been imposed in the first place.

Isolated Barn in field
Agricultural land

Benefits of Getting Agricultural Ties lifted

1. FULL MARKET VALUE of the property can be achieved when sold. Sometimes an occupancy restriction can even knock as much as 50% off the normal value!

2. MORTGAGES are far cheaper and easier to obtain.

3. SALEABILITY will now be the same as any other house, because any purchaser, not just a farm worker, can legally live in there. Buyers will be far easier to find.

4. RENTING the house to a tenant who is NOT a farm worker and charging the full market rate.

5. APPLICATIONS FOR EXTENSIONS would be far easier to obtain as the Council will have to treat the property as an ordinary dwelling, not a farm-worker’s dwelling.

6. REPLACEMENT DWELLING option is now open to you. Sometimes the actual site has great potential value, but the existing house is nothing special. With the occupancy restriction gone, planning permission for a more substantial dwelling would be far easier to obtain. With outline permission for a new house in place, you could even sell the property on to a developer. Sites for houses in attractive rural locations are normally almost impossible to find.

7. ENFORCEMENT by the Council against you if you are a non-farmer living in the property, will no longer be a worry.

8. INHERITANCE. Once lifted, should you, or any future owner wish to transfer the property to another party, such as a relative, the occupancy restriction will not impede this process. If however the restriction remains in place, the new owner will be unable to live in the property without compliance, lease it to a non-compliant tenant, or most critically, sell the property at the market value.

HAVE YOU EVER CONSIDERED GAINING PLANNING PERMISSION ON YOUR LAND.

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Top 10 FAQs About Agricultural Occupancy Restrictions

Our experts answer common questions about About Agricultural Ties
and Occupancy Restrictions

If you’re dealing with an agricultural occupancy condition (AOC) or trying to understand terms like agricultural tie, ag tie, or agricultural occupancy restriction, you’ve come to the right place. Properties with these restrictions are subject to specific planning rules that can heavily impact who can live there. Whether you’re looking to remove the restriction or learn how to satisfy it, our FAQ page covers some vital things you need to know. From navigating enforcement issues to exploring agricultural tie removal options, we specialize in helping property owners resolve these complex planning constraints.

I hear different terms like agricultural tie, ag tie, agricultural occupancy clause, AOC, etc. – what’s the difference?

These terms all refer to the same general concept: a condition placed on the planning permission of a property, restricting who can legally live there. This is commonly known as an agricultural occupancy condition (AOC) or agricultural tie. In some cases, there might also be a Section 106 planning obligation reinforcing the occupancy restriction. Removing such obligations can be more complex but is often achievable with the right approach.

What happens if I’m not complying with my agricultural tie?

If the Council finds out, you could face enforcement action. They may issue a breach of condition notice or an enforcement notice requiring compliance with the agricultural occupancy restriction or vacating the property. Complying would often mean that you take farming or forestry work and do so in whatever timeframe the notice states.  Non-compliance can result in a criminal conviction, fines, and a permanent record on the property’s planning history, which could make selling the property difficult.

Are all agricultural occupancy conditions worded the same?

No. Modern restrictions tend to have standard wording, but older ones (from the 1940s to the 1980s) can vary greatly. The specific wording is critical, as it determines what activities comply with the agricultural occupancy condition. Some conditions allow for equine businesses, but this applies only to employment in such a business—not keeping horses for personal leisure.

Can I live in a property with an agricultural tie if my spouse works in farming, but I’m the main income earner?

This depends on the specific wording of the agricultural occupancy condition. It’s best to seek professional advice, as case law (such as the Shortt case in Tewkesbury) may provide helpful precedents.

Does hobby farming satisfy an agricultural occupancy condition?

No. Hobby farming—such as keeping a few sheep, chickens, or horses for personal use—does not meet the requirements of an agricultural occupancy clause. The condition generally requires employment in agriculture, forestry, or a related business.

I recently discovered an agricultural tie on my property. Why wasn’t I informed, and what can I do?

This is a common issue, often caused by incomplete searches during the property purchase process. Unfortunately, being unaware of the restriction doesn’t exempt you from it, although the Council may be reluctant to enforce against you. However, you can explore options for removing the agricultural occupancy condition, such as applying to the Council or demonstrating long-term non-compliance.

Should I tell the Council now that I’m approaching 10 years of non-compliance?

No, not yet. Informing the Council before completing 10 years of continuous non-compliance could lead to them issuing a statutory notice, effectively stopping the clock. Once you’re certain the 10-year period has been achieved, seek professional advice on applying for a Certificate of Lawfulness. This process requires precise knowledge of planning law and the appropriate steps.

Can a very old property, like a 17th-century house, have an agricultural tie?

While older properties wouldn’t originally have had agricultural occupancy restrictions, one could be applied later. For example, if a farmer obtained planning permission for a new dwelling with an AOC, the restriction might also be imposed on other houses on the farm, regardless of their age.

Can I handle removing an agricultural tie myself?

It’s possible, but not recommended. Applications for agricultural tie removal are complex and can involve many pitfalls. Engaging an experienced professional with a proven track record in AOC
removal is your best chance for success.

A house near me had its agricultural tie lifted. Does this mean mine will be approved too?

Not necessarily. Each case is judged on its own merits, and local precedent usually has little bearing. Your property’s unique circumstances will determine whether the agricultural occupancy restriction can be lifted.
We are specialists in navigating the complexities of agricultural occupancy conditions, including ag tie removal and applications for lifting agricultural occupancy restrictions. Whether you’re wondering, “Can you get an agricultural tie lifted?” or “How to satisfy an agricultural occupancy condition,” we can guide you through the process.
Contact us today to discuss your specific case.
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"Really good news, thank you for all of your help with lifting the agricultural tie. I have been very impressed with how this has been handled by you and your team and would not hesitate in recommending your company to friends and colleagues … Once again, thank you for your hard work, commitment, and communications."

“We would like to thank everyone involved in getting the clause removed, we are absolutely delighted. This is a big weight off our minds, we really thought this was going to be a long drawn out affair but your expertise has proved that it can be done and quickly. Thank you once again”.

“Thank you so much for all your hard work, a great result which means everything to me. The house is now on the open market and has a good chance of selling. You know your subject and are worth your weight in gold. I cannot thank you enough. Very best wishes.”