This enquiry is concerned with verifying the extent of the Property. The questions are aimed at matching the title description of the Property with what appears on the ground as the physical extent of the Property, often marked by features such as walls, trees, ditches and hedges.

The Property will be defined in the title deeds and, if title is registered, the extent of the Property will be shown on the title plan. However, the Land Register is not conclusive as to boundaries and the boundary features may not correspond exactly with the title description. They may lie in either of the following positions:

Enquiry 30 asks additional questions about watercourses, some of which also relate to boundary matters. See Drafting note, Drainage and watercourses.

The Buyer needs to know who is responsible for maintaining boundary features. The title deeds may not contain information about the ownership of the boundary features or their maintenance, and in the absence of any clear indication the Buyer must find out what the Seller and others have regarded as their responsibilities. If available, the Seller should include details of all the following:

If there is any boundary dispute, the Seller should give details here or in response to enquiry 20.

Although it is up to the Buyer to obtain suitable plans, the Seller should supply copies of whatever plans it has in the interests of speeding up the Transaction. It would be helpful if the Seller were to mark all the boundaries on a plan and indicate which belong to the Property using "T" marks along the inside of the boundary line.

Examples of what may be included in the reply to this enquiry include:

Examples of what might be included in the reply to this enquiry include:

The Buyer needs to establish whether there is any issue of adverse possession by the Seller. Enquiry 1.7 is concerned with land or premises which do not actually form part of the Property to which the Seller has paper title, but which the Seller is nevertheless still using or enjoying.

The reply to enquiry 1.7 will help identify whether the Buyer will acquire title to additional land by reason of the Seller's adverse possession, as well as whether use or occupation of other property will be needed by the Buyer to enjoy the Property once acquired.

Express reference is made to plans because if the Right is an easement that is not formally documented, the Buyer will need to know the exact position, line or route of the easement. This is necessary to enable the Buyer to check the title to the servient tenement to ascertain whether the burden of the easement has been properly noted on it (without which the easement may not be binding on the owner of the servient tenement).

If for some reason an easement has been protected by a unilateral notice at the Land Registry, the Buyer will need to change the identity of the beneficiary of the unilateral notice. Where the servient tenement is unregistered and a caution against first registration has been registered to protect the easement, the Buyer may need to change the name and address on the cautions register or, if this is not possible, lodge a new caution in the Buyer's own name. Failure to change the beneficiary's name and address will result in any warning-off notice not being received.

The reply to enquiry 4.1 should reveal any adverse rights in respect of mines and minerals to which the Property is subject, and the replies to enquiry 4.2 should provide further information about any such rights, including the extent to which they have been exercised. Depending on the replies to these enquiries and the contents of any documents provided, the Buyer might want to raise further enquiries in connection with mineral extraction, such as:

This enquiry concerns registered title and overriding interests. The Property may be subject to third party rights and interests that will not necessarily be apparent from the title deeds or from any inspection of the Property but will still bind the Buyer, whether or not the Buyer knows of them.

The impact of public rights of access on agricultural land can be significant, affecting privacy, security and use of the land.

Under Part 1 of the Countryside and Rights of Way Act 2000 (CROWA 2000) there is a public right of access to:

The definition of access land excludes the categories of excepted land listed in Schedule 1 to CROWA 2000. Excepted land is land that qualifies to be access land, and as such may or may not appear on the access land maps. It does not, however, have the benefit of the access land rights because of either its location or use. Excepted land includes cultivated land, land covered by buildings and land within 20 metres of a dwelling. Enquiry 4.6(d) asks the Seller to provide this information as the Buyer will want to know which areas of the Property are free of public access rights.

The extent of access land is shown on maps maintained by Natural England for access land in England and by Natural Resources Wales for access land in Wales. The Buyer will also need to check these maps to identify whether the Property will be subject to public rights of access. The Seller may not know whether the Property has been designated as access land because the designation procedure does not include any requirement for service of a notice on the landowner. For more information about the maps in England, see the Natural England website. For information about the maps in Wales, see the Natural Resources Wales website.

CROWA 2000 gives landowners a discretionary right:

The exercise of these discretionary rights is subject to the landowner giving notice on each occasion to the relevant authority (Natural England, Natural Resources Wales, the National Park Authority or the Forestry Commissioners) on terms prescribed by the Access to the Countryside (Exclusions and Restrictions) (England) Regulations 2003 (SI 2003/2713).

For more information on CROWA 2000, see Practice note, Public rights of access under Part I of the Countryside and Rights of Way Act 2000.

The purpose of this enquiry is to determine whether there is a possibility that an application may be made to register the Property as a town or village green. Where land has been registered as a town or village green, interference with it or encroachment on it is a criminal offence under section 12 of the Inclosure Act 1857 and section 29 of the Commons Act 1876.

Enquiry 22 on form CON 29O (Optional Enquiries of Local Authority) will reveal whether the Property, or any land which abuts the property, is registered as a town or village green under the Commons Registration Act 1965 or the Commons Act 2006. However, it will not reveal whether an application for such registration has been made but not yet determined by the registration authority, nor whether an application is likely to be made in the future.

It is not possible for a landowner to protect itself in any way against such an application being made, and additional enquiries are therefore needed. These may include making enquiries of the registration authority (to enquire whether there is a pending application for registration) and of the Seller.

In outline, section 15 of the Commons Act 2006 provides that anyone can apply to register land as a town or village green where "a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, have indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years" and either of the following applies:

Because an application may still be made up to two years after the use ceased, enquiry 4.7 asks whether the Seller has any knowledge of recreational use of the Property by local people during the last ten years. This is a much longer period to enquire about than is necessary but, by erring on the side of caution, the enquiry is more likely to elicit relevant information where memories may be uncertain.

For more information, see Practice note, Common land and town and village greens: overview.

Part 9 of the Marine and Coastal Access Act 2009 (MACAA 2009) gives powers and imposes an obligation on Natural England and the Secretary of State to extend access to the English coast for recreational purposes. These powers are in addition to those that provide access under CROWA 2000. The duty to provide the route is described by two objectives:

The margin is to exist in association with the English coastal route and is also intended to be enjoyed by the public. However, the margin does not have to be directly accessible from the English coastal route and excludes land designated as excepted land under the CROWA 2000.

For more information, see Practice note, Marine and Coastal Access Act 2009: coastal access.

The reply to this enquiry should indicate the existence of public rights of way that are unlikely to be revealed in pre-exchange searches. If the Property might be affected by rights of way, searches would generally include a search of the definitive map and statement, and the register of applications to modify the definitive map (see Practice note, Investigating the property: Pre-exchange searches: Definitive map and register of applications for modification).

The definitive map and statement are conclusive evidence as to the existence of a public right of way. However, there may be uncertainty as to its precise route, and the definitive map is not conclusive evidence of all public rights of way.

For more information, see Practice notes, Establishing highways at common law and Ancient highways.

The reply to this enquiry is particularly relevant if any future applications are made to modify the Definitive Map. If a previous landowner has deposited a section 31 statement and declaration, the applicant will require evidence going back from before the date the statement was deposited to support the modification requested.

This enquiry refers to policy documents. Policy documents generally comprise the policy and schedule showing the level of cover. Copies of any other documents referred to in the policy documents should also be produced (such as any opinion of counsel).

The Seller should include details of any application for insurance that has been refused as this is relevant information that must be disclosed on a future insurance application and may also be useful in making any subsequent reapplication.

Until the dangers from exposure to asbestos became known, asbestos was used extensively in building materials to provide protection from heat, fire and sound. It was found in, for example, floor tiles, pipe insulation, wall and ceiling panels, roofing and in decorative plasterwork. Regulations controlling the use of asbestos in buildings culminated in a total ban on the use of asbestos and asbestos containing materials in 1999. Nevertheless, much of what was used in the past is still in place, constituting a significant health risk to those involved in building, renovation or maintenance work.

The management of asbestos in buildings is highly regulated and, since 2004, regulations have included duties in relation to asbestos on those who control non-domestic premises, which include agricultural buildings.

Enquiry 8.3 (asking whether or not there is asbestos and whether any has been removed) is a starting point for the Buyer's information-gathering exercise relating to asbestos. The reply, whether positive or negative, does not absolve the Buyer of the duties it may have under the regulations.

The duties on those who control non-domestic premises are now found in regulation 4 of the Control of Asbestos Regulations 2012. Failure to comply with these duties is a criminal offence and penalties can be severe. Detailed guidance on the application and extent of the duty to manage under regulation 4 is contained in the Approved Code of Practice. For details on how to obtain this, see the website, Health & Safety Executive: Asbestos, which also has information on the duty.

Non-domestic premises are not defined in the regulations. The Health and Safety Executive advises that a broad approach will be taken (although this will ultimately be a matter for the courts to determine) and considers that they include commercial and industrial premises, service premises which members of the public will visit and certain parts of residential premises.

Regulation 4 requires the dutyholder to assess whether asbestos is present or liable to be present and, if so, to determine the risk from that asbestos and to manage that risk. The dutyholder must also prepare a written plan for managing the risk and ensure that all measures specified in the written plan are implemented and recorded. The assessment and the plan must be reviewed at regular intervals and at any time when there has been a significant change in the premises to which they relate.

A dutyholder is a person who has some contractual responsibility (for example, under a tenancy) for the maintenance or repair of the premises, or, in the absence of contractual responsibility, can exercise some control over access to and from the premises.

There may be more than one dutyholder in relation to particular premises, in which case each dutyholder's duties are determined by the nature and extent of the maintenance and repair obligations that it has. There is also a duty to co-operate with each dutyholder so far as necessary to enable a dutyholder to comply with its duties.

The Buyer will not be liable for any failure of the Seller to comply with its duties under Regulation 4, but, equally, the Buyer cannot rely on the risk assessments, written plans or any steps taken by the Seller. If the Buyer becomes a dutyholder following completion (and in many cases it will), it will have to carry out its own assessment after completion and otherwise comply with the duties in Regulation 4.

For more information, see Practice note, Control of Asbestos Regulations 2012.

The information and documents requested by enquires 8.4 and 8.5 only provide a starting point for the Buyer. The value and use of the information and documents will depend on the nature of the Transaction (freehold or leasehold, investment or vacant possession) and on the Buyer's plans for the Property (in particular whether it plans to carry out any works at the Property).

A particular substance on its own or used in a particular manner in a building may present no risk and no problems, but used in a different way, or in conjunction with another material, may be or become unstable or hazardous. In recognition of this, Good Practice in the Selection of Construction Materials was published in 1997 by Ove Arup & Partners, the British Council of Offices and the British Property Federation; an updated edition was published by the British Council for Offices in 2011.

Enquiry 8.6 adopts the approach taken in this guide. It does not ask whether any of a long list of particular substances has been used at the Property but is instead concerned with the presence of substances (other than asbestos) which may potentially cause problems. Whether there is an actual problem will be a matter for appropriately qualified consultants, having regard to relevant legislation and codes of practice.

This enquiry is concerned with materials (other than asbestos) that have been removed from the Property. The Buyer's concern is that any removal of potentially hazardous or dangerous substances has been carried out in accordance with relevant legislation and codes of practice.

If the reply to this enquiry indicates that buildings have been erected on the Property or that any extensions or major alterations have been carried out within the previous 12 years, the Buyer may wish to raise further specific enquiries.

Plant and equipment could include agricultural plant and machinery, security, access and alarm systems, CCTV, fixed fire protection systems, building management systems, air conditioning and heating systems.

A maintenance report may take the form of answers to a formal questionnaire and, as well as maintenance, could cover repair, replacement, treatment or improvements. It might be the only practical source of information on these matters. The Buyer might want reports on the main pieces of equipment included in the sale, such as the grain dryer or milking parlour.

The Buyer will be interested in all guarantees, warranties and insurance policies under which it may be able to claim in the event of a defect.

The Flood and Water Management Act 2010 (FWMA 2010) allows a designating authority to designate and protect structures or features of the environment belonging to third parties which affect flood and coastal risk management (section 30 and paragraph 4, Schedule 1, FWMA 2010). The explanatory notes state that such structures and features may include walls, channels, culverts, sluices, raised ground and embankments.

The designating authority means the Environment Agency (in England), Natural Resources Wales (in Wales), a lead local flood authority, district council or an internal drainage board (paragraph 1, Schedule 1, FWMA 2010).

The effect of designation is that no-one may alter, remove or replace a designated asset without the consent of the responsible authority (paragraph 5, Schedule 1). If a person contravenes this provision, the authority that made or adopted the designation (responsible authority) can serve an enforcement notice. Failure to comply with such a notice is an offence and would entitle the responsible authority to carry out works and recharge the costs of those works

This enquiry aims to identify any former excavations or voids on the Property that have been filled, such as gravel pits, mines or quarries. Buildings or other structures erected on former voids could be affected by subsidence, depending on the nature of the infilling works. The Seller might not provide full details, or might not be aware of all the former voids. An environmental search that includes historic data, and a mining search, should reveal former pits and voids.

On 1 January 2005, a new Part P of the Building Regulations came into force, relating to electrical safety. If electricity rewiring or electrical installation work has taken place since that date, the Buyer will want to see copies of the relevant certificate showing compliance with the Building Regulations. The Seller should provide this in reply to enquiry 12.1.

Building Regulations have applied to replacement glazing since 1 April 2002. If any replacement windows, roof windows, roof lights or glazed doors have been installed since that date, the Buyer will want to see copies of the relevant certificate showing compliance with the Building Regulations. The Seller should provide this in reply to enquiry 12.1.

It is particularly important that the parties agree whether fixed plant is to be removed on completion or is to remain in the Property. Fixed plant tends to be heavy, difficult to move and expensive and generally will play a significant part in the business or use of the Property. It may not be clear whether it should be treated as a fixture or a chattel, and any misunderstanding between the parties as to whether it stays in the Property on completion or is removed may have serious consequences. These could include items such as a lock-up or a secure storage unit.

Examples of third party claims which may affect items that the Seller is proposing to leave at the Property following completion include credit or conditional sale agreements, hire and hire purchase agreements, finance and leasing agreements. Some of these may contain title retention clauses, which would mean that the Seller does not own the item in question. In relation to such items there may be some overlap with enquiry 9.5.

Items which will remain in the Property but which will belong to a third party include telecommunication masts, advertising hoardings, telephones and water or gas meters.

These enquiries are drafted on the assumption that the Seller will give vacant possession, and any tenants will be leaving on or before completion. The Buyer may not appreciate that certain items on the Property belong to a tenant, rather than the Seller, and might be removed by the tenant before completion. This enquiry aims to flush out any such items. These might include workshop facilities (such as compressors), grain dryer, aeration fans in the grain store, pipework for the grain store, milking parlour, lighting and fixed CCTV and security systems.

There will often be a variety of buildings on agricultural or rural land, including residential properties. Utilities and services may include:

Connection of services is important when buying agricultural land for three reasons:

Although usual for a property to be connected to mains utilities (such as water, drainage, gas and electricity), this is not always so. Also, there may be more than one source of the utility supply. Water may come from a mains supply and a well or be drawn directly from a river or lake. Electricity may come from a private generator instead of or in addition to the mains supply.

If Conduits do not run directly from a highway maintainable at public expense, details of the rights to use the Conduits should be given in reply to enquiry 3.

Some buildings with communal heating, or served by a district heating network, are subject to the Heat Network (Metering and Billing) Regulations 2014 (SI 2014/3120). It is useful for the Buyer to know this in advance as it has implications for billing and charging for heat and hot water services. If the Seller has previously registered under those Regulations, the Buyer may need to raise further questions.

Although the Buyer will not generally be concerned to see supply contracts for mains utilities, they will need to see copies of all supply contracts and consents which either will continue to affect the Property after completion or which it may wish to take over. An example would be a water abstraction licence. Details of all contracts and licences are requested so that the Buyer can decide what may be of interest.

The solicitors acting for the Buyer are unlikely to want the fire safety records themselves, so the enquiry asks where the papers may be inspected. The Buyer may find the records useful, although they will not absolve the Buyer of its responsibilities under the Fire Safety Order 2005.

The enquiry refers to "any records" because:

Note that a fire risk assessment may not be a single document, but a collection of documents.

This information may be disclosed as part of the response to enquiry 11.1, but it is worth asking the question directly as in practical terms the means of fire escape is one of the most significant issues for the Buyer and for the Buyer's compliance with its duties under the Fire Safety Order 2005.

Particular attention will need to be given by the Buyer to any agreements that authorise use of the fire escapes:

Agricultural property will not necessarily always include a margin of land surrounding a building (so that escape onto that margin is the designated route). There may be agricultural buildings that rely on fire escape across neighbouring land, in which case enquiry 11.3 will be relevant.

In England, the Town and Country Planning (General Permitted Development) Order 1995 (SI 1995/418) (GPDO 1995) and in Wales , the Town and Country Planning (General Permitted Development) Order 1995 (SI 1995/418) (GPDO 1995) grant deemed planning permission for certain agricultural development including:

For further information, see Practice notes:

Caravan sites and camping: permitted development rights.

As a result, certain farm buildings including barns and stables may not require express planning permission from the local planning authority, instead they have the benefit of deemed planning permission under the GPDO 2015 or GPDO 1995.

If planning permission was required for the development, but was not obtained, no enforcement action can be taken four years after the date on which the operations were substantially completed. This four-year period applies to breach of planning control relating to building, engineering, mining or other operations in, or over or under the land.

For information on the immunity periods for breaches of planning control, see Practice notes:

For information on planning enforcement generally, see Planning enforcement toolkit.

If there has been diversification into non-agricultural activities, planning permission may be required for changing the use of the land and buildings. The Buyer should check that any current use of the Property is lawful. Diversification on farming holdings is becoming increasingly common, for example:

For background information, see Practice note, Agricultural buildings: permitted development rights for certain changes of use.

For details of the immunity periods for unauthorised material changes of use, see Practice notes:

The importance of establishing that Building Regulations consent was obtained, where required, and that works were carried out in accordance with the approved plans, was illustrated in Cottingham v Attey Bower and Jones [2000] EGCS 48 (ChD).

Building Regulations completion certificates were introduced into the Buildings Regulations in 1991. The production by the Seller of a completion certificate will be evidence (but not conclusive evidence) that works were carried out in accordance with Building Regulations. Building Regulations approval or completion certificates are not necessary where the work can be self-certified as complying with the Building Regulations.

Self-certification can be carried out by someone who is a member of a competent person scheme under the Building Act 1984. For information on the Competent Person Scheme, see DCLG: Competent Person Schemes.

For further information about building regulations, see Practice note, Building regulations: an overview.

Full planning permission is usually granted subject to a condition requiring the development to be started within a specified time period, usually three years from the date of the permission (section 91, TCPA 1990).

For information about the lawful implementation of planning permissions, see Practice note, Planning permission: lawful implementation.

Established use certificates are no longer granted. Since 27 July 1992, the equivalent is a certificate of lawfulness of existing use or development (CLEUD) or a certificate of lawfulness of proposed use or development (CLOPUD) (sections 191and192, TCPA 1990).

Existing established use certificates are still valid and can be relied upon, however, and so their existence is still relevant for the Buyer. There is a procedure for converting an established use certificate into a CLEUD.

For further information about CLOPUDs and CLEUDs, see Practice note, Lawful development certificates.

The existing buildings on the Property may be authorised by means of an express planning permission, the GPDO 2015 or GPDO 1995 or by a CLEUD.

The existing use of the Property may be authorised by means of an express planning permission, under a CLEUD or by the GPDO 2015 or GPDO 1995.

The Property may have a single use or a single use with an ancillary use. Where one use is ancillary to another (for example, storage associated with a shop) a separate permission for the ancillary use will not generally be required.

It is possible for the Property to have more than one use where the further uses are not ancillary but are main uses in their own right, such as a shop at ground level with a flat above. Separate permissions are required for each main use but each main use may still have its own ancillary uses.

For further information, see Practice notes:

Where planning permission is required for a development (whether building works or a change of use), the local planning authority can take enforcement action if the development is carried out without planning consent.

For details of the immunity periods for unauthorised material changes of use, see Practice notes:

Where a building is listed under the Planning (Listed Buildings and Conservation Areas) Act 1990, there is no time limit for enforcement action in respect of a breach.

A breach of listed building control can be enforced against an owner no matter when or by whom the breach was committed. For further information, see Practice note, Breach of listed building control: listed building enforcement notices.

A practical problem may arise because when a property is listed, the listing may fail to record the state and extent of the listing, making it difficult for buyers, sellers and local authorities to establish whether any breach has occurred. Works that need to be considered include both internal and external works to any buildings, and also works within the curtilage of the building.

For further information on listed buildings and listed building consent generally, see Practice notes:

Listed buildings.

Third parties may challenge the grant of a consent or a certificate either by judicial review or by appeal in the courts under procedures provided in the Planning Acts.

For further information, see Practice notes:

Judicial review: an introduction.

TCPA 1990: Part XII statutory challenge.

Outline planning permissions are permissions for the construction of a building that are granted in principle, subject to reserved matters. The outline planning permission cannot be implemented until the reserved matters are approved.

Many planning permissions come with conditions such as a time limit for implementation, restrictions on use of the newly developed property or requirements for landscaping and the like.

In addition, every planning permission granted in England pursuant to an application lodged on or after 12th February 2024 is deemed to be subject to a condition that development may not be begun unless a "biodiversity gain plan" (see below) has been submitted to and approved by the local planning authority. The commencement date for "small sites" and certain other properties is slightly later: 2nd April 2024. Householder applications are exempt.

A biodiversity gain plan sets out how the developer intends to achieve a biodiversity net gain of at least 10%, either on-site, off-site or by the purchase of statutory credits. For more details, see Biodiversity net gain on developments under the Town and Country Planning Act 1990 .

The relevant legislation is schedule 7A to the Town and Country Planning Act 1990, as inserted by s.98 of and schedule 14 to the Environment Act 2021. Separate arrangements apply in Wales.

Enquiry 12.12 refers to any planning permission with conditions which need to be satisfied for development to proceed, and asks what has been done to satisfy such conditions. By checking the date when a planning application was lodged, the buyer can work out whether the permission is deemed to be subject to a biodiversity net gain condition. Some planning authorities may insert an express condition.

The response to enquiry 12.12 is a suitable place for the seller to provide a copy of its biodiversity gain plan and to confirm whether the planning authority has approved this.

For further information on outline planning permissions, see Practice note, Planning permissions: an overview.

Where a breach of planning control has been concealed, an LPA can apply to a magistrates' court for a planning enforcement order, after the statutory time limit (four or ten years) has expired (section 171BA(1), TCPA 1990).

For further information on planning enforcement orders, see Practice note, Enforcement of concealed breaches of planning control.

The purpose of this enquiry is to create an audit trail that might help persuade a court (should a concealed breach be discovered that occurred in the past) that the current owner was innocent of it, so should not be the subject of a planning enforcement order.

If the Property is listed as an asset of community value, and the Transaction is a relevant disposal (which includes a disposal of a freehold estate with vacant possession) and is not an exempt disposal, the Seller must notify the local authority of the proposed Transaction and cannot sell until a certain period of time has passed. This time period gives the community the opportunity to develop a bid and raise capital to buy the land.

The right to bid provisions are contained in sections 87 to 108 of the Localism Act 2011 (LA 2011), with more detail in relation to England set out in the Assets of Community Value (England) Regulations 2012 (SI 2012/2421). These provisions are not yet in force in Wales. (. These provisions do not give anyone right of first refusal and do not restrict to whom the Seller can sell their land or at what price.

Every local authority is required to maintain a list of land in its area that is land of community value. Land is automatically removed from the list after five years.

A building or other land will have community value if its main use furthers the social well-being or social interests of the local community, or if it has been used for such a purpose in the recent past and it is realistic to think that it will be used for the same purpose again within the next five years. Examples might include city farms, village shops, local pubs, community centres and markets. Certain types of land may be exempted by regulations. However, the local authority will only list the land following a successful nomination.

Exempt disposals include gifts, disposals to family members or by personal representatives, business transfers as a going concern and disposals between connected companies. The regulations also exempt disposals in pursuance of a planning obligation, an option or pre-emption right made before the land was listed, and disposals by a mortgagee under a power of sale.

For more information, see:

An agricultural occupancy restriction (ag tag) limits the occupation of a property to a person employed in agriculture, and is often imposed as a condition of planning consent for farm dwellings. Occupancy tends to be restricted to people solely or mainly working in agriculture in the locality. Agriculture is defined in section 336 of the TCPA 1990.

This restriction should show up in a local authority search but can also be imposed in a covenant on the title. Such a restriction will limit the market value of a property and could affect the Buyer's use and enjoyment of the Property.

Where an ag tag has been imposed by a planning condition, if that condition has been breached continuously for a period of ten years, the breach may be immune from planning enforcement action. In these cases a CLEUD may be obtained for use of the property without the condition.

A tree preservation order (TPO) is the principal regulatory means for protecting trees. The purpose of a TPO is to protect trees of amenity value to local communities (including those under threat from new development). For further information, see Practice note, Tree preservation orders (TPOs): obtaining consent to carry out works to a protected tree.

Ancient monuments are often found in rural areas. Although a local land charges search should reveal any property listed as being of special architectural or historical interest, the details given are brief and often it is difficult to know the extent and location of the site without local knowledge of the Property.

Where a site is on the Property, the Buyer will want to know whether the Seller has complied with the general statutory responsibilities and the specific requirements of the listing. They will also want confirmation that alterations to the Property were carried out in accordance with any consents required.

For more information, see Practice note, Scheduled monuments.

Examples of the types of agreement to which this enquiry relates include:

This enquiry covers, for example, obligations on the Seller to enter into any highway, water or sewerage agreements or a section 106 planning agreement, or conservation covenant.

The reply to this enquiry might include matters such as a road closure order, a diversion order, a traffic flow order (which, if implemented, might affect access to the Property or the ability to park near or deliver to the Property) or a food hygiene order.

If the Seller is aware of anything which is not yet, but will be, registered it should be disclosed here, unless already mentioned in reply to enquiry 13.1.

Some matters are not required to be registered as a local land charge, such as planning contravention notices and notices of intention to adopt a highway.

The local authority, or other public or private bodies such as the Homes and Communities Agency, can make financial grants. These are generally made to promote development and improvement and may be subject to repayment obligations in certain circumstances.

The Buyer needs to know what grants have been made, by whom, for how much and on what terms and, in particular, will need to know about repayment obligations to include appropriate provisions in the sale contract.

The Seller may have received compensation for matters such as:

The enquiry is wide and addresses all legislation that may affect the Property, including the new concept of a conservation covenant which a responsible body may agree with a landowner and then register as a local authority land charge. See Practice Note: Conservation Covenant.

To the extent not covered elsewhere, the reply should cover all breaches of legislation, such as breaches of environmental and conservation legislation, breaches of legislation governing the use, management and disposal of manure, slurry, effluent and farm waste, breaches of building regulations, breaches of fire regulations, gas safety legislation, highway and drainage obligations, section 106 agreements, planning control, waste storage and management, hazardous substances, advertising control, and bye-laws, such as those relating to drainage.

A byelaw is a form of delegated legislation made under an enabling power established by legislation that is confirmed by the Secretary of State of the relevant government department (usually the Department of Communities and Local Government). Byelaws commonly require something to be done or refrained from in a particular location and are accompanied by a sanction or penalty for non-compliance. Bye-laws are not local land charges and will not show up on a local land charge search (see section 2 of the Local Land charges Act 1975). For more information on bye-laws, see Practice note, Bye-laws.

For more information on advertisement control, see Practice note, Advertisement control: is consent required to display an advertisement?

This enquiry is not limited to statutory matters. It does not cover works to be carried out to anything other than the Property and so will not include section 38 highway agreements or section 106 agreements unless the land over which the works are to be carried out is included within the definition of the Property.

This enquiry is designed to catch licences and consents such as water abstraction licences and liquor licences, and activities controlled by law.

Replies to this enquiry may be affected by the Construction (Design and Management) Regulations in 1994, 2007 or 2015 (referred to in this note as CDM 1994, CDM 2007 and CDM 2015).

CDM 1994 applied to all construction work carried out between 31 March 1995 and 5 April 2007 (with a few exceptions including small projects where the number of people working on the project at any one time was not expected to exceed four and the project was not expected to last longer than 30 days).

The CDM 2007 replaced CDM 1994 from 6 April 2007. They covered all construction work, including small projects. There were limited exceptions relating to mineral extraction works and transitional provisions for construction projects that were started under CDM 1994 and continued under CDM 2007. The last of these transitional provisions came to an end on 5 April 2012. Under CDM 2007 the definition of construction work was extended to include:

CDM 2015 replaced CDM 2007 from 6 April 2015. They cover a very similar range of construction work and impose similar duties to keep a Health and Safety file for the Property (though they exempt small projects with a sole contractor). Transitional provisions apply for six months.

A complete Health and Safety file for the Property should contain all health and safety information necessary for the proper maintenance, repair, alteration, decoration and demolition of the Property. The Buyer needs the information requested as it could affect the Buyer's ability to carry out works, the method of carrying them out and the value and marketability of the Property.

If the Health and Safety file will not be handed over at completion (for example, where it is retained by the occupational tenant of whole), the Buyer must ensure there are arrangements to allow it to access the original. Under CDM 1994, a Health and Safety file was required for each "structure" forming part of a project. CDM 2007 and CDM 2015 allow a single Health and Safety file to relate to more than one building. The file may be physical or electronic.

This enquiry requests confirmation that any Health and Safety file has been compiled and maintained in accordance with the relevant CDM regulations. This is because the Health and Safety file may have been compiled when the works were done and no new works have been carried out since, so the file contents are to be judged by the standards set out in the historic version of the CDM regulations. Most Health and Safety files are constantly updated as new construction works are carried out.

An Energy Performance Certificate (EPC) is a certificate containing information about the energy efficiency of a building. The EPC is produced by the seller or landlord or developer and must be accompanied by a recommendation report containing suggestions for the improvement of the energy performance of the building.

The obligation to produce EPCs is contained in the Energy Performance of Buildings (England and Wales) Regulations 2012 (SI 2012/3118) (EPB Regulations 2012).

EPCs are required when a building is constructed, sold or rented out. There are several types of building and transaction (for example, lease renewals or extensions, lease surrenders) which are exempt from the need to provide an EPC.

The seller or landlord is required to provide the prospective buyer or tenant with a valid EPC and a recommendation report, free of charge, at the "earliest opportunity" and by no later than whichever of the following actions first takes place:

The seller or landlord must ensure that the ultimate buyer or tenant has received a valid EPC. A copy of a valid EPC is sufficient, and an electronic copy is permissible if the recipient consents to receiving the certificate electronically.

The obligation to provide an EPC does not apply if the seller or landlord has reasonable grounds to believe that a prospective buyer or tenant:

In addition, before marketing a property, the seller or landlord must ensure that it either has an EPC or has commissioned an EPC for the property. The seller or landlord must use all reasonable endeavours to ensure that an EPC is obtained within seven days of marketing (although there is an additional 21 day period during which the EPC can be obtained, if it is not obtained during the initial seven day period).

A developer is required to produce an EPC when a new building is erected or where an existing building is converted into fewer or more units and the services (for example, the heating, hot water or air-conditioning systems) in the building are modified. Unless an EPC and recommendation report have been given to the owner of the building by the developer, the building control inspector cannot issue a completion certificate for the works.

Certain buildings are not subject to the Building Regulations 2010 but are still within the scope of the EPB Regulations 2012. In such cases, the person who carries out the construction work must give the owner of the building an EPC and recommendation report within five days of completing the construction work.

The general rule is that an EPC is valid for ten years from the date on which it was issued. It will be revoked if a new EPC is issued for the same building. Where there is a valid EPC of the whole building, a later EPC of part will not invalidate the existing EPC of whole and vice versa.

For example, on a sale of the whole building the original EPC remains valid, but on a letting of the part for which a new EPC has been produced, the new EPC is the relevant document.

EPCs and recommendations reports must be lodged by the energy assessor who produced them on the central EPC Register operated by Landmark Information Group on behalf of the government. Subject to certain exceptions, data which is legally required to be included in an EPC can be accessed, free of charge, via this register. This will include a property's energy efficiency rating and recommendations made by the energy assessor.

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (SI 2015/962) (MEES) applies to privately rented properties, including farm buildings, farm houses and farm cottages in England and Wales that are let on a relevant tenancy and are required to have an EPC. This is a complex area for more information on the application of MEES, see

In general terms, the buyer will want to establish whether, each building which uses energy to condition the indoor climate of the property has a valid EPC. Whether any of the properties are sub-standard for the purpose of the EPC (currently below a level E rating), if so, do they have registered exemption. If not, the buyer will not be able to let the sub-standard buildings out on tenancies without either doing works to get the buildings up to a standard EPC rating of E or above or obtain a registered exemption. If the buyer does not comply with MEES they will incur penalties, which can be severe and will apply to each building.

For more information, see Practice note, Energy performance certificates (EPCs) and Toolkit, MEES: minimum energy efficiency standards toolkit

The EPB Regulations 2012 require five-yearly air-conditioning inspections, which are intended to promote the improvement of the energy performance of buildings in England and Wales. This requirement was first introduced in the 2007 version of the EPB Regulations 2012.

Where a system was in service before 1 January 2008, then if the system has an output of over 250kW, the first inspection must take place by 4 January 2009, and if the system has an output of over 12kW by 4 January 2011. Where a system was first brought into service on or after 1 January 2008, the inspection must be carried out within five years of when it was first put into service. After the first inspection, systems must be inspected at five-yearly intervals.

From 6 April 2012, the energy assessor who carries out the inspection must lodge a report of the inspection on the central EPC Register which is operated by Landmark Information Group for the Government.

The Department for Communities and Local Government has published guidance on the duty to have air-conditioning systems inspected (see DCLG: A guide to air conditioning inspections for buildings (December 2012)). This guidance is aimed at anyone who manages or controls air-conditioning plant and includes information on:

The Buyer will need to be aware of the existence of protected species on the Property and the location of plants, nests, roosts, dens and so on. The presence of protected species could affect agricultural operations or future planning applications for development.

It is an offence to deliberately pick, collect, cut, uproot or destroy a wild plant of a European protected species listed under Schedule 5 to the Conservation of Habitats and Species Regulations 2010 (SI 2010/490) (Habitat Regulations 2010). Certain animals are also protected such as bats, dormice and natterjack toads. For a full list of European protected animals see Schedule 2 to the Habitat Regulations 2010.

The Wildlife and Countryside Act 1981 sets out various lists of species with differing levels of protection. For example, Schedule 5 lists protected animals (including water voles and red squirrels), and Schedule 8 lists protected plants.

For more information, see:

For general information on conservation designations, see:

If replies to enquiry 10.7 revealed any generating equipment forming part of the Property services, that equipment may also be subject to a requirement for a permit that should be supplied in reply to this enquiry. Small generators (rated thermal input up to 50 MW) now require an environmental permit (see Practice note, Environmental Permitting: regulation of industrial installations in England and Wales: Additional controls on NOx emissions from small generators). Note that generators would normally be fixed equipment and not necessarily included in the sale.

An environmental permit will be needed for waste management activities like waste storage, unless the activity complies with one of the exemptions.

If oil is stored in an above ground tank specific (different) regulations regulate that storage in England and Wales, both aiming to prevent water pollution from oil spills. The extent to which the regulations from each country regulate oil storage on farms differs. For more information see Toolkit, Environmental requirements for agriculture toolkit: Storage of oil in above-ground storage tanks.

For information about sewage discharges see Clause 31.

Consideration should be given as to the need to transfer permits and other authorisations and licences from the seller to the buyer. In relation to small generator and waste management permits, for example, the seller and buyer would make a joint application to the Environment Agency or National Resources Wales.

If any authorisations are disclosed then the Buyer should consider asking for confirmation that:

The Buyer must satisfy itself that any authorisations will be sufficient for the Buyer's proposed use of the Property.

In relation to water abstraction, as the ability to secure a water supply will be crucial for most farming operations, the Buyer will want to be sure all information about water abstraction licences has been supplied. Replies to enquiries 14.3 and 15.2 may have revealed the existence of any water abstraction licences but, if not, enquiry 15.3 explicitly requests this information (in addition to any other licences or authorisations not already supplied).

Water abstraction licences are issued by the Environment Agency (EA) in England and Natural Resources Wales (NRW) in Wales. It is a criminal offence to take water from any source of supply (surface water or groundwater) without a licence under section 24 of the Water Resources Act 1991 (WRA 1991). For more information on water abstraction, see Practice note, Water abstraction regime.

An abstraction licence will specify:

Enquiry 15.3(d) seeks confirmation that the licence will be assigned to the Buyer. When land is sold with a water abstraction licence, and no changes are needed to the licence, the Buyer and Seller need only apply to the EA or NRW to transfer the licence. There is no need for the Buyer to apply for a new licence. The holder of a full abstraction licence can also apply to the EA or NRW for the apportionment of the licence between two or more parties (otherwise known as water rights trading) (section 59C, WRA 1991). In the case of a sale of part, the parties should ensure that each person who will benefit from an abstraction licence will have suitable rights of access to the abstraction land (for example inland waters or underground strata). See Practice note, Water abstraction regime: Right to access land where abstraction to take place. Where apportioning the water abstraction licence, the EA confirm that the parties are free to decide how to divide the licensed volume between themselves.

Enquiry 15.3(e) seeks to clarify whether the risk of variation or revocation without compensation is a possibility. Water abstraction licences can be varied or revoked by the EA or NRW (see Practice note, Water abstraction regime: Revocation and variation of licences). The right to claim compensation does not apply in all circumstances. One such circumstance is where no water has been abstracted under the licence for four years before a notice to revoke or vary is served by the EA or NRW (section 61(4) of the Water Resources Act 1991) (see Practice note, Water abstraction regime: Limited compensation for revocation or variation). The EA confirm that they interpret s.61(4) of the Water Resources Act 1991 as it is written, so if the licensee has abstracted water within the 4-year period (even if only on one occasion), they would remain eligible to claim compensation for loss suffered.

In England, the Environment Bill 2019-20 (at clause 78) proposes the addition of a further right for the EA to vary or revoke a water abstraction licence based on underuse of the volume permitted by the water abstraction licence over an assessment period of 12 years. The current drafting would mean that from 1 January 2028 the EA could retrospectively assess 12 years usage, meaning usage as far back as 1 January 2016 could be relevant. If in each year of the 12-year period, the quantity abstracted did not exceed 75% of the volume authorised by the abstraction licence then the licence may be varied to reduce the permitted volume without the obligation to pay compensation. This clause 78 is currently drafted to apply only to permanent licences (i.e. licences issued to remain in force until revoked). This provision, if enacted, would therefore mostly affect water abstraction licences issued before 1 April 2004 (when the requirement to issue water abstraction licences with expiry dates came into force). Where water abstraction is a concern for a Buyer in England, it may be prudent to enquire about usage from 1 January 2016.

A Seller should have usage data to provide because annual returns are part of the monitoring process. Whilst the type of monitoring conditions specified on individual licences may differ (for example some may require installation of a meter, some may allow usage to be calculated based on the average volume of water the activities on the Property would be expected to use, and some may detail no monitoring requirements), all licence holders confirm their abstraction records to the EA in annual returns.

Where the Seller may have received communication from the EA or NRW about variations to a water abstraction licence this may be disclosed in reply to enquiry 15.3(c). Nonetheless, where the reply to enquiry 15.3(e) highlights non-use or underuse of a water abstraction licence, it may be preferable to direct a specific additional enquiry to the Seller to clarify no communication has been received from or made to the EA or NRW relating to revocation or variation of a water abstraction licence for reasons of non-use or underuse.

Currently, the EA advise they do not operate any formal warning system to alert a Buyer to the status of individual licences. The EA operate an Abstraction Licensing Strategy (ALS) that records water availability in different parts of the country (see Practice note, Water abstraction regime: Abstraction Licensing Strategies). The ALS may indicate whether the Property is in an unsustainable area, so inferring the EA are more likely to be reviewing licence usage, but there is no formal process to check the likely risk of individual licences being reviewed.

This enquiry focuses on whether the Property has been subject to potentially contaminative uses or whether there is any hazardous material in the Property. It has been deliberately framed widely to avoid the Seller having to form a view on whether or not information given is indicative of a contaminative use.

The reply should cover both statutory notices and complaints from neighbours.

The enquiry does not expressly ask for sight of waste transfer notes (which have to be provided to anyone disposing of waste and which might be numerous). The Buyer could request these if concerned about the proper disposal of waste.

An environmental permit is required for handling and disposing of farm and horticultural waste, in order to ensure that agricultural waste is managed and disposed of in ways that protect the environment and human health (see Practice note, Waste permitting).

Some waste management activities are exempt from the requirement to have an environmental permit, and there are specific exemptions for certain uses of agricultural waste.

Note that manure, slurry and effluent are not waste when directly used as fertiliser on the farm, but they will need to comply with the requirements of the Nitrates Directive (Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources) (see Drafting note, Nitrate Vulnerable Zone (NVZ)).

For more information, see Defra: Non-hazardous farm waste: treatment and disposal and Gov.uk: Hazardous waste.

The reply to this enquiry should reveal matters such as migrating contamination both from and to the Property; dust, noise and other forms of nuisance; and breaches of waste disposal requirements.

If the parties agree that items such as silage or fuel oil are left on the Property, the parties should agree their value and the sale contract should specify how the Seller is to be compensated. Such matters are generally addressed in the tenant right clause of the sale contract.

If a farmer plans to increase the agricultural productivity of uncultivated or semi-natural land, or to restructure a rural land holding, they must first submit a screening application. If Natural England decides that the project is likely to have a significant impact on the environment, the farmer must apply for consent to undertake the work.

This reply to this enquiry might help to identify projects to plough up permanent grassland. Consent from Natural England is required before ploughing up or improving land that has not been cultivated for 15 years or which is semi-natural grassland (or another semi-natural area). Submission of a screening application is the first step. For more information, see Natural England: Environmental Impact Assessment (Agriculture) Regulations: apply to make changes to rural land.

Where the Seller is a company, firm or partnership or some other corporate body, the Seller is not required to give the names of all shareholders, partners or employees but should give details of any other body in occupation including a company in the same group.

The Seller should explain whether occupation is by virtue of lease or licence or whether there is no formal right to occupy, in which case the Seller should give details of the length of occupation, any payments received in respect of it and any objections made to it.

Whether the Property is vacant, and the period during which it has been vacant, may be relevant for a number of reasons. For example, it could affect the validity of insurance cover and liability to pay business rates, and may put the Buyer on notice that squatters could be in occupation.

The purpose of TUPE is to protect the jobs and terms and conditions of employment of employees where the undertaking by, or in respect of which, they are employed is transferred. TUPE applies to any transaction considered to be the transfer of an economic entity and can include the transfer of premises as part of a business sale and transfers of investment properties such as shopping centres or office buildings.

TUPE also applies where a client engages a contractor to do work on the client's behalf, and the client then reassigns the contract or brings the work in-house (a service provision change).

For TUPE to apply to service provision changes, there must have been an organised grouping of employees before the change whose principal purpose was to carry on services for the client. It is expressly stated that the grouping of employees may be only one employee.

TUPE applies to staff employed in respect of the business or property which is being sold or the service which is to be provided by a new supplier. It extends to managers, managing agents, caretakers, cleaners, maintenance staff and security guards employed in respect of buildings which may otherwise be empty.

All employees employed in the undertaking or service automatically transfer to the Buyer on their existing terms and conditions (save for pension schemes) and their employment is treated as being continuous for purposes of all statutory claims including redundancy and unfair dismissal. Any dismissals connected with the transfer are considered to be automatically unfair.

Under TUPE, the Buyer takes on all rights, liabilities and responsibilities for anything done by the Seller in respect of the transferring employees and may therefore inherit liability for unfair dismissals, claims in relation to any form of discrimination and any failure to pay wages or bonuses which arise before the time of the transfer.

TUPE imposes obligations on both the Seller and the Buyer to inform and consult with appropriate representatives of any affected employees.

TUPE also requires the Seller to provide the Buyer with certain information (Employee Liability Information) about the transferring employees, including their identity (see regulation 11 of TUPE). If the Seller provides any further information about the transferring employees it should omit names and other identifying details such as job titles. This is to ensure compliance with the Employment Practices Code issued by the Information Commissioner to take account of the obligations under the Data Protection Act 1998 (see Information Commissioner: Employment Practices Code).

Occupiers might need to be joined as party to the contract if they will be over 18 on exchange. For information on the rights of occupiers, see Practice note, Investigating the property: the physical inspection: Third party rights.

The types of insurance referred to here might include public liability and employers' liability insurance and insurance for specific items of machinery or equipment.

Agricultural land and agricultural buildings are exempt from business rates, but the agricultural definitions are detailed and narrow (Schedule 5, Local Government Finance Act 1988). Business rates could apply where agricultural or rural buildings are not used for crops or livestock, such as any of the following:

The rateable value of the Property is the open market rental value attributed to it for the purpose of calculating business rates payable on it. This information will be on the rating assessment of the Property and on the rate demands received from the local authority but can also be obtained from the local authority.

Whether or not the Property is separately assessed for business rates is important because if it is assessed as part of other premises that are not included in the Transaction, it may have to be reassessed following completion of the Transaction.

Rateable values on local rating lists are revised every five years.

Valuation officers may serve notice on an occupier or owner of a property requiring information about that property. Any correspondence passing between the Seller or occupiers of the Property and the valuation officer regarding a revaluation should be disclosed in response to this enquiry, including copies of all relevant proposals, notices, returns and appeals.

The rateable value of a property may be revised at any time due to a material change in circumstances. An owner or occupier of a property can at any time apply to the valuation officer requesting an alteration to the rateable value shown in the rating list or an alteration to any other statement made in the rating list about the property.

The valuation officer may also propose an alteration if there have been any alterations or improvement works, works to extend or enlarge the property or a change of use of the property. Copies of all relevant correspondence and documentation should be produced including all proposals, notices, returns and appeals.

The amount payable for business rates, council tax, water rates, sewerage and drainage charges can be obtained from the local authority and the water company.

If the Property forms part of other premises for which there is only one assessment for business rates and for water, sewerage and drainage rates, that fact should be disclosed in this reply.

Local authorities and water companies have a financial year that runs from 1 April each year. Accordingly, reference to the current year in this enquiry will mean the financial year that started on the most recent 1 April.

If a property is vacant, the owner or occupier may be entitled to 100% empty rate relief for a period of three months (or six months if industrial or warehouse property) following the date on which the property becomes vacant. Subject to various exceptions, full rates again become payable at the end of that period.

If the property has been left vacant for any period and empty rate relief has been claimed, full details should be provided.

If the property is currently vacant, the date on which the property was vacated should also be provided.

Exemptions from business rates include agricultural land and parks. There are several others.

Transitional charging arrangements are concerned with phasing in new rates bills when they are significantly above or below the previous year's bills.

The types of periodic charges envisaged by this enquiry include payments in respect of private water supplies, private access routes to the Property and rentcharges (annual or other periodic sums charged on or issuing out of land). The reply is not expected to include details of rent and service charges payable under a lease of the Property.

For more information on rentcharges, see Practice note, Rentcharges: overview.

Council tax bands are based on property valuations at 1 April 1991. Council tax bands for Wales were revalued from 1 April 2005, based on property values as of 1 April 2003.

When a property is improved or extended, the Valuation Office Agency (VOA) only increases the existing band of that property when there is a relevant transaction. The term "relevant transaction" simply means that the property has been sold as a freehold, or a lease for a period of seven years or more has been granted or transferred to another party.

The VOA receives information on improvements from the local authority, usually from the planning and building control process. They also receive information of the sale from HMRC. If the VOA has a record of any improvements to the property it will review the council tax band and, if necessary, alter the entry in the valuation list. The subsequent increase in council tax will be effective from the date the council tax valuation list is altered.

Sufficient detail should be provided to enable the Buyer to satisfy itself on the treatment of the Transaction as a TOGC. For example, this will include details of any of the following:

The availability of treatment as a TOGC can be affected by the Seller's circumstances or actions. For example, TOGC treatment may not be available if any of the following apply:

If the Transaction is a TOGC, it is important to determine if the Property, or any of the buildings or equipment on the Property, is a capital item for VAT purposes and is within its adjustment period. The Capital Goods Scheme adjustments are designed to ensure that the VAT reclaimed on the original cost of development or acquisition is adjusted over a five or ten year period (dependent upon the length of the interest held or acquired). This is done through clawbacks and it will be important for the Buyer to be aware of any clawback liability.

Where the system is shared with others, additional enquiries may need to be raised about relevant rights between the parties and sharing of maintenance, repair, upgrade and other costs (assuming this is not apparent from the title papers deduced during investigation of title).

Where any parts of the sewage discharge system are located outside the boundary of the Property, necessary rights to access for inspection, maintenance, repair, upgrade and other activities will need to be checked. Where necessary rights are not apparent from the title papers, additional enquiries may need to be raised.

Most discharges require an environmental permit (EP). If an EP has not been supplied in reply to enquiries 15.3 or 15.6, this enquiry should ensure any EP benefitting a septic tank or sewage treatment plant is supplied.

A small sewage discharge of domestic sewage (from a domestic septic tank or small domestic package sewage treatment plant) is exempt if it meets certain conditions. The conditions include:

In Wales an exemption must be registered with Natural Resources Wales and maintenance records must be kept for five years. The registration transfers automatically to subsequent occupiers. The requirement to register exemptions has not applied in England since 1 January 2015. The EA continue to recommend that maintenance records are retained as a matter of good practice, but it is not a legal requirement for property in England.

For information about all exemption conditions, see Practice note, Regulation of small sewage discharges from domestic septic tanks: Exemptions from obtaining an environmental permit.

For information about considerations on sale or lease of land benefiting from a septic tank or sewage treatment plant, see Practice note, Regulation of small sewage discharges from domestic septic tanks: Conveyancing issues for residential properties with a septic tank. Certain information, set out in the EP Regulations 2016, must be provided to the Buyer (in England and Wales) or occupier (in Wales only). If a Seller (or outgoing occupier in Wales) is not forthcoming in answering these enquiries then reference should be made to the legislation to highlight minimum information that must be supplied (see Practice note, Regulation of small sewage discharges from domestic septic tanks: Information to be provided on sale).

The Buyer will want to identify breach of cross compliance to enable them to identify and deal with any continuing breaches that would prejudice their own direct payments claims. Compliance with cross compliance is also relevant for other payments under agri-environmental schemes.

In addition, where the claim year of the Buyer's first claim application overlaps with the Seller's period of ownership of the Property, the Buyer will be liable for any breach during that claim year, even if it was made by the Seller.

For more information on cross compliance, see Drafting note, Cross compliance-Wales.

Under the BPS, it is not possible to rotate entitlements by swapping the entitlements activated from year to year. A farmer must activate all of their entitlements in a single year at least once every two years. Deactivated entitlements expire; they cannot be used again by that farmer and are returned the national reserve.

The identity of the person making the BPS claim in the expected calendar year of completion (Buyer or Seller) is relevant for liability under cross compliance.

If the Property is part of the Buyer's holding on the BPS application deadline, and the Seller does not submit a BPS application that calendar year for the rest of their agricultural land, the Buyer would be liable for cross compliance on the Property for the whole of the calendar year, including the period between 1 January and completion, when they did not occupy the Property.

In contrast, if the Seller submits a BPS application that calendar year for the rest of their agricultural land, the Seller would be liable for cross compliance on the Property from 1 January until completion. The Buyer would be liable for cross compliance on the Property from completion until the remainder of the calendar year.

Environmental Stewardship Schemes operated under the Rural Development Programme (RDP) for England (2007-13) and are now closed, although existing agreements will continue until the ends of their terms. Transitional provisions apply to the sale or lease of land subject to Environmental Stewardship agreements. From 1 January 2023, all Environmental Stewardship (ES) agreements adopted domestic terms and conditions. This includes flexibility to allow ES agreement holders to leave an agreement early, without recovery, to apply for another land management scheme.

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If there is an existing Higher Level Stewardship (HLS) agreement, under its original term, including some or all of the property, then best advice is to contact the RPA to see what obligations, if any, will transfer to the buyer and whether the RPA will require any repayments from the seller, if the buyer does not continue with the scheme.

Countryside Stewardship is the environmental land management scheme under the RDP for England (2014-20). An enhanced version is part of the new environmental land management (ELM) scheme.

Countryside Stewardship has three main elements:

For more information on Countryside Stewardship, see Practice note, Post Brexit: timeline for UK agricultural policy and Defra; Guidance Countryside Stewardship

The seller should not have to repay monies received if the buyer does not take over the Countryside Stewardship Higher Tier or Mid Tier agreement on the property.

Glastir is the main agri-environment scheme in Wales. There are various different Glastir components, some of which are only available to participants in the Glastir Entry scheme.

The Seller is likely to have to repay scheme money and may suffer financial penalties if the Buyer does not take over the Glastir commitment on the Property.

When selling land subject to a Glastir contract, the Glastir guidance advises the Seller to contact the Welsh Government about the sale at the first opportunity. The Seller must notify the Welsh Government of any transfer or sale using the field maintenance (FM) notification process within 30 days of the transfer. Failure to do so is a scheme breach and the Seller is likely to be penalised.

Where options require the installation of capital works, such as fencing, tree planting or earth bank creation, these works must be completed before the transfer or sale where the Buyer is taking over the commitment.

These schemes will be replaced by a new system of Sustainable Farming Scheme, see Practice note, Transition to Sustainable Farming Scheme (Wales).

For more information, see Practice note, Glastir under the Rural Development Programme for Wales and Welsh Government: Glastir.

Environmental Land Management (ELM) is a new support scheme. Payments are made under one of the three components of the ELM:

Certain animal diseases are notifiable diseases, which means that they must be reported to the Animal and Plant Health Agency (APHA). If a notifiable disease is confirmed, action is then taken to eradicate the disease and reduce the risk of it spreading. For more information on notifiable diseases, see Defra: Notifiable diseases in animals.

Schmallenberg virus (SBV) is not notifiable, but livestock keepers should contact their veterinary surgeon if they encounter cases of newborn cattle or stillborns that show malformations or symptoms of nervous disease. Their veterinary surgeon must then contact the APHA if they suspect SBV.

Injurious weeds are native plants that cause problems for farming or are harmful to livestock and must not be allowed to spread to agricultural land. The Weeds Act 1959 (WA 1959) specifies five injurious weeds. The Secretary of State may serve an enforcement notice on the occupier of land on which any of these listed injurious weeds are growing, requiring the occupier to take action to prevent their spread. The Ragwort Control Act 2003 amends the WA 1959 and promotes the more efficient control of common ragwort.

Part II of Schedule 9 to the Wildlife and Countryside Act 1981 (WCA 1981) lists invasive non-native plant species that are established in the wild, but pose a conservation threat to native habitats and biodiversity (the variety of living organisms). It is an offence to plant or otherwise causes to grow in the wild any plant on that list (section 14, WCA 1981). For more information, see Defra: Harmful weeds and invasive non-native plants: prevent them spreading and Practice note, Japanese knotweed and other invasive non-native species.