Removal of Occupancy Conditions
Removal of Planning Occupancy Condition - The C.L.E.A.R Protocol - Break the Tie. Unlock Full Market Value.
Still Tied to a Condition That No Longer Serves You? It’s Time to Break Free.
You’ve lived with the restriction for years.
Built the house. Managed the land. Paid the overpriced mortgage rate.
But your still bound by that planning condition — just to sell, refinance, or even pass it on.
You’ve outgrown the agricultural occupancy condition.
And now?
You feel stuck.
Blocked from selling at market value. Questioned by lenders. Undervalued by the system.
You’re not the only one.
There’s a growing number of rural landowners and farmers still be held back by outdated restrictions.
This service exists for you — to get your land back in your control, where it belongs.
The C.L.E.A.R Protocol. (Case. Logic. Evidence. Assessment. Removal): Our Proven System to Remove Occupancy Conditions
Case → We build a planning case for why the tie no longer meets current policy tests
Logic → We reference case law — showing the condition is no longer reasonable or necessary.
Evidence → We compile the evidence on why the occupancy should be removed.
Assessment → We prepare a robust supporting statement to aid the planning authorities and handle all representation to keep your case on track.
Removal → You receive formal written confirmation that the occupancy tie is lifted, modified, or rendered unenforceable.
What Exactly do I get from C.L.E.A.R Protocol?
From Undervalued Asset to Open-Market Potential → The tie no longer suppresses your property’s value. You unlock full market price, investment flexibility, or legacy options.
From “Use-Limited” to “Use-As-You-Choose” → Whether it’s retirement, resale, rental, or succession — you decide what happens next. No more restrictions on use, resale, or occupancy.
From Planning Condition Prisoner to Strategic Landholder → You shift from being bound by outdated policy to being the architect of your own exit strategy, investment, or legacy plan.
“From Stuck to Free → The stress, delay, and emotional weight of the occupancy tie is lifted — giving you mental bandwidth and momentum to move forward. You no longer live with the nagging fear of “Will this stop the sale? Will the kids be able to inherit it?” You’ve resolved it. Fully.
From Stuck to Sorted: End the Uncertainty, Unlock the Value
Replaces Waiting It Out with Taking Control:
- Most owners wait years hoping the tie will become irrelevant. It won’t — not without action.
- We move now, with legal tools and planning strategy, not wishful thinking.
Hidden Cost of Waiting:
- Years of missed equity release
- Blocked refinance opportunities
- Legal uncertainty for estate planning
- Total cost of inaction: £10,000–£100,000+ in locked value
Replaces Undervalued Sales with Full Market Freedom:
- Listing with the tie attached means lowball offers, legal uncertainty, and stalled transactions.
- We remove the restriction so you can sell, remortgage, or pass it on with confidence.
Hidden Cost of Tied Listings:
- £25k–£150k reduction in sale price
- Lost buyers, failed sales, delayed completion
- Uncertainty for solicitors, agents, and lenders
Replaces Emotional Resentment with Practical Closure:
- Living with the condition quietly builds frustration — especially when lenders or lawyers ask awkward questions.
- We remove the problem entirely. Clean Decision Notice. Clear conscience.
Hidden Cost of Doing Nothing:
- Blocked refinance or higher mortgage rates
- Extra legal fees during sales
- Emotional bandwidth lost
Replaces “It’ll Be Fine” with “It’s Done”:
- Most landowners are told “just live with it” — but it haunts every financial and legal decision.
- We get it off the books — permanently and lawfully.
Hidden Cost of “Letting Sleeping Dogs Lie”:
- Family delays during probate or succession
- Denied mortgage offers
Lost sale value and time-consuming fix-later scenarios
What We Promise: The C.L.E.A.R Assurance
You’re not paying for “a try.” You’re paying for a professionally prepared, policy-led case — and I stand behind that.
If I don’t believe your case has a realistic chance of success, I won’t take it on.
If I do, you’re guaranteed:
A robust case grounded in policy, evidence, and precedent
Full application handling — including liaison with the planning authority
Removal of Agricultural Occupancy Conditions in Scotland - Frequently Asked Questions
An occupancy condition is a planning restriction attached to a property that limits who can live in or use it. Common types include:
- Agricultural occupancy conditions (e.g. “only persons employed in agriculture may occupy this dwelling”)
- Rural worker clauses
- Holiday let restrictions (e.g. “not to be used as a permanent residence”)
These conditions are often applied to control housing in the countryside or manage short-term use.
Removing an occupancy condition can:
- Allow the property to be sold or let on the open market
- Increase the property’s value and appeal
- Enable full-time residential use if previously restricted (e.g. holiday lets)
- Provide greater mortgage options and reduce legal limitations on ownership
Not always — it depends on:
- The original reason for the condition
- Whether there is still a planning justification for its retention
- Changes in planning policy or local housing need
We assess these factors and build a case showing that the condition is no longer necessary, reasonable, or enforceable.
- Reviewing the original consent and condition
- Preparing a planning statement or justification
- Submitting the application to the local authority
- Responding to any queries or objections raised during consultation
If your application is refused, you may have grounds to:
- Appeal the decision to the Local Review Body or Scottish Government DPEA
- Reapply with additional evidence or revised justification
We provide full support for appeals and resubmissions, including drafting appeal statements and managing the process.
No. You can apply for removal whether or not the condition has been breached. However, if the condition has not been complied with for 10+ years, it may be unenforceable — we assess this as part of our planning history review.
Strong applications often include:
- Evidence that the condition is no longer necessary (e.g. no ongoing agricultural use)
- Market evidence showing difficulty selling or letting the property
- Local housing supply context or policy changes (e.g. NPF4 updates)
- Legal or planning precedents for similar removals in the area
Most local authorities aim to decide applications within 8 weeks. Complex cases or those requiring committee review may take longer. We manage timescales and liaise with planners to minimise delays.
Yes. We support clients across all Scottish planning authority areas, with experience in both rural and urban contexts. From the Highlands to the Lowlands , we tailor our approach to the local planning environment.
Costs vary depending on:
- The number and complexity of conditions
- The planning authority and location
- Whether supporting documentation or third-party reports are needed
We offer fixed-fee packages for straightforward cases and bespoke quotes for complex matters. Contact us for a tailored proposal.
Ready to Unlock Your Property’s Full Value?
Don’t let outdated conditions hold you back any longer. Speak to Interurban Developments Ltd today and take the first step towards removing your occupancy restriction.