Agricultural Tie Breakers

Local authorities are known to attach agricultural ties to dwellings to restrict who is permitted to occupy dwellings within the countryside to people who are principally employed in the agricultural sector.

What are the upsides?

The use of occupancy conditions has enabled local authorities to maintain control over development and commercial activities within the countryside.

What are the downsides?

An occupancy condition over existing dwellings can adversely affect their value because it restricts the market of prospective purchasers to those who are able to comply with the condition and what they are willing to offer for the dwelling.  An occupancy condition shall also restrict landowners who wish to diversify their portfolio by using their existing dwellings for lettings by reducing the pool of potential tenants to those in agriculture.

How do you break that tie?

Depending on the ties wording, the following options are available for its removal, variation or suspension:

1. Apply to your local authority based on the tie serving no useful or true purpose.
   This strategy allows landowners to apply for removal or variation where the original commercial activity which the tie was attached to the dwelling to protect no longer exists or where its wording is archaic to the extent that the landowner or any prospective purchaser or tenant of the dwelling are unable to comply with it.
   ​This strategy is commonly used by landowners who seek to sell or let their dwelling which has an outdated tie attached, making the dwelling undesirable for purchasers or tenants.
2. Apply to your local authority for a Certificate of Lawful Existing Use of Development where either:
   1. the occupancy condition posed by the tie attached to dwelling has not been complied with for 10 years or more; or
   2. the 4-year rule for lawful development applies and an argument is made that the occupancy condition cannot apply because the true purpose of the tie was not intended to extend to this dwelling, which has been constructed without the typically required planning permission.

If you need advice this or on any other aspect of property law, please contact:

Cara O’Donoghue