Escaping to the countryside? Things to consider when buying a rural property

Escaping the hustle and bustle of city living certainly sounds appealing – rolling hills, peaceful villages and cosy country pubs.

Here are some things to consider when buying a property in the countryside:

1.           Planning Constraints

Properties in a rural or semi-rural location are often in an area where strict planning constraints apply – for example National Parks, Areas of Outstanding Natural Beauty and Greenbelt land. This can significantly impact any alterations or extensions you wish to make to your property.  It’s important that you speak to a planning  consultant or the Local Authority to check whether any consents are required  before commencing any work to your property.  

2.           Septic Tanks

A lot of rural properties do not benefit from a foul drainage connection and are served by septic tanks (or small sewage treatment plants).

A septic tank must comply with the Environment Agency’s General Binding Rules.  Operating a non-compliant septic tank can lead to enforcement action and significant fines.  A prudent buyer would arrange for a septic tank survey to be conducted prior to exchange of contracts to make sure it meets all the necessary rules and requirements.

For properties in Wales, all septic tanks must be registered with National Recourses Wales. 

             3.           Land adjoining a watercourse.  

If your property or land abuts a watercourse (e.g. a river or a stream) you will have to comply with riparian obligations. These are legal duties for landowners for the stretch of the watercourse adjoining your property’s boundary.

You must ensure that the watercourse does not become obstructed or polluted and you must maintain the bank of the watercourse. Failure to do so can lead to fines and enforcement action from the Environment Agency or Local Authority.

4.           Stamp Duty Land Tax               

If the property you are buying includes land which is used for agricultural or commercial purposes, you should consult a tax advisor to ensure that you are paying the correct amount of Stamp Duty Land Tax as it may not be calculated on solely residential rates. Stamp Duty Land Tax is a self assessment tax and you are responsible for declaring correct information and paying the right amount of tax to HMRC.

If you are purchasing a rural property and would like a quote, please call our helpful and friendly team at mosshaselhurst Solicitors on 01606 74301.