Removal of an occupancy clause

freddynat

We own and live in a house in Derbyshire that has such a clause,requiring purchaser to have lived and worked in Derbyshire for 3 years. We knew that when we bought it. Is there any chance that this clause could be removed?

G_M

Imposed by who?

Is this a Planning matter? Speak to Planning Officer at the council.

Is it a covenant arising in a Conveyance registered with the Title? Who is the beneficiary?

Guest101

Do u own freehold or leasehold?

jjlandlord

There was an ECJ decision last year regarding similar clauses in Belgium: they ruled them unlawful as against fundamental freedom of movement.

I think it's just a question of time before such clauses are challenged in the UK based on that ECJ decision.

Dave_the_Ginger_Cat

The ones around here (Hammersmith and Fulham) tend to be former local authority premises (not RTB, ones which are no longer required as housing stock) where it is only the first sale that has this restriction if I've understood right. Subsequent ones are fine.


See https://www.lbhf.gov.uk/Images/PROPERTIES_BEING_OFFERED_FOR_SALE_tcm21-179533.pdf


http://catalogue.auctions.savills.co.uk/london-national/Previous-Auctions/#&&s=1


I might be outdated, but it's interesting reading all the same

Anyhow, if you can share some details of your own restriction, sure we can help interpret

Richard_Webster

I would suspect this is a former local authority house in an area where there is a high demand for second homes etc. LA will want to provide affordable housing for locals. Such a restriction usually means that the house is cheaper to buy than other similar houses in the area in the first place and OP should have had this explained to him when he bought so can't see why LA would agree lifting of restriction.

donfanatico

You could challenge it in the European court if it was really important for you to move.

freddynat

Yes it is an ex LA house. Also think it was Church land before? I am not particularly clued up about property facts.There are a row of them along street. However next door reckon theirs does not have this clause. I appreciate we knew score when we bought but weve spent on it and cos of £250k stamp duty we will sell at loss. Marital problems.....!

tightfrog

Hi Freddynat,

It's been a while since you posted here and I was wondering how you got on?

I am in the process of buying a house with a Peak District National Park Clause attached and we have been told we can buy it out for 10% of the property value. I think it is the same with Derbyshire Clause properties you just need to speak to the Local Council who administer the clauses, in my case it was High Peak Borough Council estates team and legal team.

I am also looking into whether or not we can challenge it in any other way after the ruling in Belgium.

Hope you have had some success!

Davesnave

jjlandlord wrote: »

There was an ECJ decision last year regarding similar clauses in Belgium: they ruled them unlawful as against fundamental freedom of movement.

I think it's just a question of time before such clauses are challenged in the UK based on that ECJ decision.

That's interesting.

Do you think there might be an impact on other occupancy clauses, such as agricultural ties? Most of those require the purchasers to be employed in agriculture "in the locality," which is generally translated these days as within normal drive-to-work distance of around 20 -25 miles.

Not that councils are necessarily enforcing ag ties now. Where I live, it seems that if you have the money to buy outright, you'll not be challenged.

The councils won't usually lift the ties, however, still believing in some post-War Utopian dream of hard-working locals earning an honest living on 5 acres! :rotfl:

mummyreturns

Hi, we are in the same position, want to sell our house in Parwich, just wondering if you got anywhere lifting the occupancy clause?