Frequently asked questions about buying and selling agricultural property

Agricultural property can be a lucrative investment, but it's essential to understand the unique challenges and regulations that come with buying and selling such property. Whether you're a farmer looking to expand your operation, an investor seeking to diversify your portfolio, or a landowner ready to sell, here are some frequently asked questions to guide you through the process.

What is agricultural property?

Agricultural property refers to land or buildings used for farming or other agricultural purposes, such as raising livestock, growing crops, or forestry.

What are the types of agricultural property?

Agricultural property can be divided into several types, including farms, estates, woodlands, and farmland.

• Farms can vary in size and use, from smallholdings to commercial enterprises.
• Estates typically include a large house, outbuildings, and surrounding land.
• Woodlands can be used for forestry or as a natural habitat for wildlife.
• Farmland refers to land used for agricultural purposes, such as crop production, livestock grazing, or horticulture.

Before purchasing agricultural property, consider your goals and priorities. Think about the type of farming or agricultural activity you plan to undertake, the location and size of the property, the quality of the soil and water supply, and any existing infrastructure, such as buildings or equipment. You'll also need to understand the regulations that apply to agricultural property, such as planning laws, environmental requirements, and restrictions on land use.

How do I finance the purchase of agricultural property?

Financing the purchase of agricultural property can be challenging. Banks and lenders typically require a significant down payment and may have stricter lending criteria than for residential property. You may also need to show evidence of your farming experience, income, and business plan.

Consider seeking advice from a specialist lender or agricultural finance provider, your solicitor will also be able to advise on where to find this support.

How do I sell agricultural property?

When selling agricultural property, you'll need to obtain a valuation and market the property to potential buyers. Consider using a specialist estate agent with experience in agricultural property sales. You'll also need to provide information on the land's history, any restrictions or obligations, and any planning or environmental considerations. Once you have a buyer, you'll need to agree on the terms of the sale, including price, deposit, and any conditions or contingencies.

Finding a solicitor who has expertise in this area will save you time and in turn, money. They will be able to guide you through the process from start to finish and ensure all relevant paperwork is completed. 

What are the tax implications of buying and selling an agricultural property?

Buying and selling agricultural property can have significant tax implications. You may be subject to stamp duty land tax (SDLT), capital gains tax (CGT), or inheritance tax (IHT), depending on the circumstances of the sale.

Every circumstance is different, and your team will be able to offer you support and advice in relation to your obligations. 

What are the environmental regulations that apply to agricultural property?

Agricultural property is subject to a range of environmental regulations, including those related to water quality, soil conservation, and wildlife protection. You may need to obtain permits or licenses to undertake certain activities, such as water abstraction or land drainage. Failure to comply with these regulations can result in fines or legal action.

What are the planning regulations that apply to agricultural property?

Agricultural property is subject to planning regulations, which dictate how the land can be used and developed. You may need to obtain planning permission for certain activities, such as building new structures or changing the use of the land.

I have more questions, can a solicitor help?

Yes! Before you decide to buy or sell agricultural property, it is always beneficial to speak with a legal expert. You will be able to get advice specific to your circumstances and your questions will be answered with full transparency, leaving you informed of all your options. Our team of experts have many years of experience in agricultural law. Get in touch today to find out more.