The Accidental Smallholder Forum
Smallholding => Buildings & planning => Topic started by: FlossieN on October 20, 2018, 10:31:35 am
-
My father is finally selling his house together with nine acres of fields.
He is now elderly and very worried about his previous activity and dealings with DEFRA and that they may still have consequences for the new owners.
The fact is that he used to keep a small flock of sheep at no real profit for a number of years and stopped nearly 20 years ago. At the start, in about 1982, he obtained a holding number and would appropriately file any activity/movement. He can not remember if he formally told DEFRA when he stopped. He is now worried that the new buyers might find that the holding number back then turned the property into some kind of permanent smallholding with longterm implications.
We are aware that now new legislation has altered requirements and a CPH is used really only for tracking purposes. But my question is, could it have encompassed much more back then and created agricultural restrictions on the property? He is the fretting over this. We know that there is no issue with an Agricultural Tie.
Thanks in advance
-
I doubt the historic use of a holding number will affect any new purchaser. We sold off a farmhouse and most of the land and the new owners did not have any problems and were issured with a new number for themselves.
-
I don't think your father should be too concerned about it. If it has a CPH number that's fine, but your not duty bound to tell any purchaser the number. If the buyer doesn't know the number, they will have to apply for another one. If your concerned about potential purchasers using it for horses, therefore taking it out of being agricultural land, then that's something for them to look into and worry about after they buy the land - or for their solicitor to advise them about. No reason for your father to concern himself with it IMO.
As with most things, you can read up on all of the legislation and tie yourself in knots trying to work it out. In reality, most people would just start using the land and if at a later date they were advised they needed to apply for something then deal with it then.
-
I'm not sure exactly when CPHs and Holding numbers first came into use, but when we first moved here 23 years ago, there was no such thing. So at what point did your father acquire his Holding Number? We are in Scotland so maybe different from the situation in England.