BPS query

Tarzann

Deadline day here, nothing like last minute eh!

The process of transferring a 1 acre site to a family member has begun on our farm, well it is well underway as the documents/maps/fees have been sent to the Property Registration Authority (PRA) since mid-March. Solicitor has advised that it can take 3-6 months for the PRA to complete registration, however this delay does not affect the right of the new owner to commence construction, get mortgage etc.
Construction is unlikely to start until the autumn. The site is part of a larger field which is being reseeded in early June, so the site is tilled and wont be reseeded while the adjoining field will be. So fairly soon, the site will stand out on satellite images etc.

Reading up on the Land Availability Rule for BPS:
On 31st May 2021: Land you use to claim BPS in 2021 has to be ‘at your disposal’ (only the person who has the land at their disposal on this date can use it to get paid for BPS in 2021)
Other definitions of same rule imply that the land must be at your disposal for first half of year up to May 31st, or second half of year from May 31st onwards.

My simple question is should I rule out this 1 acre now, or claim for it one final time? :rolleyes::rolleyes: Is it risky to claim it?

cjpm

What’s stopping you “Renting” it back off the purchaser until the Autumn?

green daries

You should be sound to claim they will only discount it on satellite inspection if the building works have started
But it will have to be green cover to be eligible

Tarzann

Thanks to both above.
The only green cover it will have is weeds or whatever grass grows wild. It is part of a larger field that had forage rape over the winter and will soon be reseeded, but the site itself won't be reseeded.