Jump to content

Welcome to Field to Farm Community
Register now to gain access to all of our features. Once registered and logged in, you will be able to create topics, post replies to existing threads, give reputation to your fellow members, get your own private messenger, post status updates, manage your profile and so much more. If you already have an account, login here - otherwise create an account for free today!
Photo

Aricultural occupancy clause


  • Please log in to reply
6 replies to this topic

#1
Cuth

Cuth

    Chick

  • Book Owners
  • Pip
  • 2 posts
  • Locationsouth yorkshire

Hi there, i would like to hear from anyone that has had any dealings or has any sound advise on the above matter.

There is for sale close to where i live a plot of land of about 2.5 acres, the plot has planning permission for a three bedroom bungalow subjuct to agricultural occupancy clause (i haven`t worked in farming or forestry).

As far as i am aware the condition states the occupation of the dwelling shall be limited to a person in or retired from farming etc.

It seems to me that anyone can buy the land and construct the bungalow,

if this is the case then would i be able to start construcing the dwelling while living in a mobile home, bearing in mind once started there is no time limit to complete the build, (usually).

During this period of time i could keep some livestock etc.

 

Thanks in anticipation. Cuth 


  • 0

#2
Groundhog

Groundhog

    Member

  • Book Owners
  • PipPipPipPipPip
  • 1,081 posts

You are correct in your description ,reality is many people live in agric tie houses who dont work in agriculture.The limiting factor is more the resale value and trying to raise a standard mortgage on such properties without a 70 to 40% ratio of deposit.


  • 0

#3
Devon Cream

Devon Cream

    Piglet

  • Book Owners
  • PipPipPip
  • 160 posts

I agree with Groundhog. After all you will not be occupying the bungalow.....You are just building it so if I saw a similar plot of land I would just go for it and see whether the solicitors accept the position during the conveyancing procedure.


  • 0

#4
Cuth

Cuth

    Chick

  • Book Owners
  • Pip
  • 2 posts
  • Locationsouth yorkshire
Thanks for the replies,would it be worth having a word with local planning and putting my case forward before i start to lay any money out, thanks again.

Cuth
  • 0

#5
Devon Cream

Devon Cream

    Piglet

  • Book Owners
  • PipPipPip
  • 160 posts

If you were classed as a book owner you would easily be able to access some very useful advice regarding how to and how not to deal with local planning.


  • 0

#6
FACF

FACF

    Chick

  • Book Owners
  • Pip
  • 2 posts

If you need to raise a mortgage on the property it is likely that the lender will want to know how you comply with the restriction with back up from the LPA. The reason for this is it is not in the lenders interest to lend on a property that you can legally own but not occupy!


  • 0

#7
KChally

KChally

    Farmer Giles

  • Book Owners
  • PipPipPipPip
  • 371 posts
You will also probably find it difficult to find a lender willing to lend on a property with an agricultural tie on it, particularly as it is not even built yet!! We are in the process of doing this and fingers crossed we think we have finally found one (without going through a broker that charges a wacking great fee) KChally
  • 0