Agricultural Occupancy Condition

Davesnave

Mojisola wrote: »

We sold our holding on to someone who was an agricultural advisor - didn't get his hands dirty himself but he was "solely or mainly employed, or last employed, in the locality in agriculture" so it's worth asking.

It's not about whether one gets dirty hands, though. It's about whether one's involved directly in the process of farming.

Mending tractors isn't farming, even if the farm wouldn't run very efficiently without them. Advising farmers about new advances in crop management and animal husbandry, and leading them through a development process, is involving oneself directly in the job of farming, albeit in many locations rather than one.

I'm assuming the OP's main work is at the engineers rather than the farm, but even there, the job could be done by an accountant, so has nil impact on the farming process.

Davesnave

pano wrote: »

Hi Can you use What counts as an agricultural worker from another country. Looking to buy a property with an aoc on it. Have just returned from spain where we had 5 acres of olive groves, have now retired but the question is does this make me a retired farmer.??

That's an interesting one!

Your case might be difficult to argue in many cases, because the standard wording of the condition stipulates "in the locality."
No matter how close we may feel to our brothers in the EU (!) stretching the 'locality' as far as Spain might present problems.

That said, there are some AOCs that don't mention the locality at all.

Provided you have documentary proof of a viable and reasonably sustained business in Spain, I'd certainly talk to the local authority in the area(s) where you hope to settle to see what they have to say. The "locality" has been re-defined over the years to reflect modern transport and working practices, so perhaps it's overdue for another overhaul.

I would add that some officers are much more amenable than others when it comes to discussions of this nature and it's very much luck of the draw. In making such enquiries, I've experienced a wide range of responses and, on one occasion, even been told: "horticulture is not agriculture within the meaning of this legislation."

I set my wife on him! :rotfl:

Ruby_ruby_2

Does anyone know if farm vet would count?

Ruby_ruby_2

Selfbuild wrote: »

I have started a new thread but I thought I would post on this thread as it is sort of similar and I would appreciate all advice ........

We have been granted full planning permission for a house after 5 yrs of wrangling and taking it to the Planning Appeal Commision... However, it has been granted with a condition / stipulation as follows .... "the dwelling shall first be occupied for a period if 5yrs by Mrs XXX and any partner and dependants residing with her"

This is proving to be a MAJOR hurdle in trying to get a mortgage to fund the build.

Does anyone have any advice ie any way round the condition, specialist mortgage lender or any words of encouragement as it is starting to really grind me down.

We really want (need to, due to personal circumstances) but we can't get over this obstacle as so many of the regular lenders have said a straight "no" and unfortunately are not in a position to build without a mortgage. We "only" need £95-100k and have good credit ratings etc it is only the condition holding us back....

Any advice would be very much appreciated, thanks

Have you tried Buildstore they may be able to advise you if nothing else.

Davesnave

Ruby_ruby wrote: »

Does anyone know if farm vet would count?

Yes, my house, which has an AOC, was occupied by an agricultural vet and his family in the 1990s.

Knowing the person concerned, his entitlement would have been above board and checked out.

mart31uk

Hi everyone. This is a brilliant resource. Just spent a good hour or so reading it all.

I have a related issue. We found a bungalow to buy which we want to extend (lift the roof to give two upstairs bedrooms). We agreed a price and simultaneously did a bit of searching on the LA website re. any issues around how big an extension we could do, etc.

During this search, we found the house had an AOC on it, which we were not previously made aware of. The house had never been sold before and the current sellers inherited from their father who had it built to house staff in his nursing home, next door. Obviously everything has been on hold now for a while.

We have just been informed that the sellers have obtained a LDC, however is this the same as having the condition removed, as far as the mortgage companies are concerned and if not, how much harder would it be to get this removed?

Also, it appears properties with AOCs such as this one, in this area are limited to 120m2 area. If we succeed in getting the AOC removed, would that be likely to increase our chances of getting a larger extension?

The house is really a bit too small and way too expensive to buy without some degree of certainty about being able to extend.

lincroft1710

As the bungalow was built to accommodate staff working in an adjacent nursing home I cannot see how it has an Agricultural Occupancy Condition.

It may be that there is a condition which prevents the bungalow being sold separately from the nursing home.

whistleforit_2

Hi, a relative of mine lives in a house that has an agricultural occupancy restriction and is located in a National Park. She's not a farmer, but was married to one and has been widowed for around 9 years.

She's never farmed the land, nor been a 'farmer' and worked away from the premises. The farm has also not been farmed commercially throughout this period and she's wondering whether she can apply for the restriction to be lifted?

Any advice would be gratefully received!

Davesnave

whistleforit wrote: »

Hi, a relative of mine lives in a house that has an agricultural occupancy restriction and is located in a National Park. She's not a farmer, but was married to one and has been widowed for around 9 years.

She's never farmed the land, nor been a 'farmer' and worked away from the premises. The farm has also not been farmed commercially throughout this period and she's wondering whether she can apply for the restriction to be lifted?

Any advice would be gratefully received!

Widows (and widowers) of qualifying persons are mentioned in the wording of most conditions as being lawfully entitled to remain in their agriculturally-tied property.

For that reason, I don't think your relative could ask to have the agricultural tie lifted 10 years after her husband's death, or for it to be replaced with a Certificate of Lawful Use, as there is likely to have been no breach.

However, do check the wording of the condition carefully, because variations do occur.

whistleforit_2

Okay, that's kind of what I thought too. Time to get reading and thank you for the advice.