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Types of Occupancy Clauses Explained: What They Mean for Your Property

Oct 24, 2024

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When it comes to property ownership, occupancy clauses play a vital role in determining who can live or operate on certain lands. These clauses vary depending on the property's use, whether it's agricultural, business, or residential. Let’s dive into the main types of occupancy clauses and what they mean for different property owners.

Agricultural Occupancy Clauses (AOCs)

Agricultural Occupancy Clauses (AOCs) restrict who can live in a property, typically limiting occupancy to those working in agriculture or forestry. These clauses are designed to keep rural properties linked to farming or forestry, ensuring that land intended for agriculture isn't turned into residential homes for the general public.
For example, a cottage in a farming area might come with an AOC, meaning only someone who works the land can live there. The goal is to protect the agricultural community and prevent farmland from being lost to residential development.

Business Occupancy Clauses

Business occupancy clauses apply to properties designated for commercial use, such as holiday parks, equestrian centres, or industrial developments. These clauses often restrict the type of business that can operate on the property. For instance, a property zoned for a holiday park can't be used for a different type of business, like a factory.
These restrictions exist to support local economies and ensure that properties serve their intended purposes. They help maintain the unique character of certain areas, such as tourist spots or rural business zones, by keeping them focused on their designated business activities.

Residential Occupancy Clauses

Residential occupancy clauses are linked to properties designated for affordable housing, social housing, or shared ownership schemes. These clauses differ from agricultural and business clauses because they focus on making housing accessible to those who may not be able to afford market-rate homes. For example, a residential occupancy clause could limit the sale of a home to first-time buyers or low-income families.
These clauses aim to ensure that affordable housing remains available to those who need it, keeping homes within the financial reach of specific groups.

How Reld Property Can Help You Work Through Occupancy Clauses

If you're selling a property that comes with an occupancy clause, we're here to help! Get a free property valuation with our easy-to-use tool - Find Your Property's Value.

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Occupancy clauses may seem complex, but they play a crucial role in maintaining the purpose and character of certain properties. Whether agricultural, business, or residential, understanding these clauses can help you make the right decisions for your property.

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