walshie 2,804 Posted August 25, 2014 Report Share Posted August 25, 2014 We're still looking for our perfect rural house to buy and leave the hubbub of surburbia behind us. A smallholding would be ideal. We don't want to farm anything as such, but a decent veg garden, orchard and a few chickens, ducks and geese would be perfect. I've seen a few that fit the bill but are subject to agricultural ties. I've read about them and it's a minefield of differing information. Could anyone explain (in townie terms ) firstly what you would need to comply with the conditions, and secondly how hard it would be to get these conditions lifted? We're prepared for a bit of hassle to get them lifted, but if its going to be a long drawn out affair or nearly impossible, we'll keep looking elsewhere. Thanks for any info. Quote Link to post Share on other sites
paulus 26 Posted August 25, 2014 Report Share Posted August 25, 2014 The terms of an agricultural-user restriction (or agricultural tie) can be daunting. 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’. 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. Properties with such a tie can be difficult to sell and often only do at a discounted price. ‘People are naturally put off when they discover a property has an agricultural tie. It’s an instant barrier. Potential buyers are scared because they don’t understand it or what it entails,’ believes Winkworth’s Chris Baker. The properties are rarely large and the tie will have been made as a condition when planning permission was given to build a home on agricultural land. 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. ‘The amount of discount depends on how much land is with it,’ says David Cross, director of Savills’ Salisbury office. ‘The smaller the amount of land, the greater the discount.’ Kevin Prince from Strutt & Parker’s Salisbury office adds: ‘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. It’s once you get below 20-30 acres that it becomes an issue.’ 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. If the council agrees, it will issue a ‘certificate of lawfulness’, which means you’re no longer in breach of the condition. However, if it’s discovered you’re in breach before that time, you can be fined. The tie could also be lifted if you’re selling the property and can demonstrate that there’s no longer any requirement for agricultural work on the holding and that there have been no prospective purchasers over a specified time limit, agreed with the council. Another option may be to see if the council will accept other uses as fulfilling the tie. 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 Read more at http://www.countrylife.co.uk/news/property-news/country-houses-for-sale-and-property-news/buying-property-with-an-agricultural-tie#3Wm6BpD5lxxrhE5L.99 Quote Link to post Share on other sites
walshie 2,804 Posted August 25, 2014 Author Report Share Posted August 25, 2014 Cheers Paul. I read that the other day. I need smaller words. Quote Link to post Share on other sites
RossM 8,119 Posted August 25, 2014 Report Share Posted August 25, 2014 The terms of an agricultural-user restriction (or agricultural tie) can be daunting. 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’. 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. Properties with such a tie can be difficult to sell and often only do at a discounted price. ‘People are naturally put off when they discover a property has an agricultural tie. It’s an instant barrier. Potential buyers are scared because they don’t understand it or what it entails,’ believes Winkworth’s Chris Baker. The properties are rarely large and the tie will have been made as a condition when planning permission was given to build a home on agricultural land. 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. ‘The amount of discount depends on how much land is with it,’ says David Cross, director of Savills’ Salisbury office. ‘The smaller the amount of land, the greater the discount.’ Kevin Prince from Strutt & Parker’s Salisbury office adds: ‘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. It’s once you get below 20-30 acres that it becomes an issue.’ 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. If the council agrees, it will issue a ‘certificate of lawfulness’, which means you’re no longer in breach of the condition. However, if it’s discovered you’re in breach before that time, you can be fined. The tie could also be lifted if you’re selling the property and can demonstrate that there’s no longer any requirement for agricultural work on the holding and that there have been no prospective purchasers over a specified time limit, agreed with the council. Another option may be to see if the council will accept other uses as fulfilling the tie. 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 Read more at http://www.countrylife.co.uk/news/property-news/country-houses-for-sale-and-property-news/buying-property-with-an-agricultural-tie#3Wm6BpD5lxxrhE5L.99[/size] Joe67 got banned for that!! Copycutnpaste king!! 1 Quote Link to post Share on other sites
paulus 26 Posted August 25, 2014 Report Share Posted August 25, 2014 Cheers Paul. I read that the other day. I need smaller words. simple answer you have just discovered you love horses and need to change the agricultural tie to include equestrian Quote Link to post Share on other sites
paulus 26 Posted August 25, 2014 Report Share Posted August 25, 2014 The terms of an agricultural-user restriction (or agricultural tie) can be daunting. 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’. 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. Properties with such a tie can be difficult to sell and often only do at a discounted price. ‘People are naturally put off when they discover a property has an agricultural tie. It’s an instant barrier. Potential buyers are scared because they don’t understand it or what it entails,’ believes Winkworth’s Chris Baker. The properties are rarely large and the tie will have been made as a condition when planning permission was given to build a home on agricultural land. 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. ‘The amount of discount depends on how much land is with it,’ says David Cross, director of Savills’ Salisbury office. ‘The smaller the amount of land, the greater the discount.’ Kevin Prince from Strutt & Parker’s Salisbury office adds: ‘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. It’s once you get below 20-30 acres that it becomes an issue.’ 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. If the council agrees, it will issue a ‘certificate of lawfulness’, which means you’re no longer in breach of the condition. However, if it’s discovered you’re in breach before that time, you can be fined. The tie could also be lifted if you’re selling the property and can demonstrate that there’s no longer any requirement for agricultural work on the holding and that there have been no prospective purchasers over a specified time limit, agreed with the council. Another option may be to see if the council will accept other uses as fulfilling the tie. 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 Read more at http://www.countrylife.co.uk/news/property-news/country-houses-for-sale-and-property-news/buying-property-with-an-agricultural-tie#3Wm6BpD5lxxrhE5L.99[/size] Joe67 got banned for that!! Copycutnpaste king!! bollocks to typing all that when its already done Quote Link to post Share on other sites
The one 8,479 Posted August 25, 2014 Report Share Posted August 25, 2014 Good luck most places that come up with a bit of land are bought for folk with horses for crazy money Quote Link to post Share on other sites
lurcherman 887 13,156 Posted August 25, 2014 Report Share Posted August 25, 2014 What about a plot on your local travvelers site walshie Quote Link to post Share on other sites
walshie 2,804 Posted August 25, 2014 Author Report Share Posted August 25, 2014 I need a fair bit of land so I have something to offer first posters asking for permission. Quote Link to post Share on other sites
vanman1 411 Posted August 25, 2014 Report Share Posted August 25, 2014 You can get away with loose ties to agriculture ie tree surgeon/forestry .Has been said alot of people change use to include equestrian which from my knowledge is fairly easy to do.Good luck mate Quote Link to post Share on other sites
dymented 2,220 Posted August 26, 2014 Report Share Posted August 26, 2014 you have to work on a farm to get them at that price walshie bud or be a retied farm worker so i believe Quote Link to post Share on other sites
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