Agreement holder's guide: Higher Tier grants 2023

Question 1

5.  Scheme requirements and procedures

Accepted Answer

You must read and meet the requirements detailed in this section as these are mandatory for all Higher Tier Agreement Holders.

5.1 Entering into an agreement

If your application is successful, we will send you an agreement offer either:

by post – if you applied with an application pack
using the Rural Payments portal – if you applied online

If you accept the agreement, return the signed acceptance declaration to us within 20 working days of the date on the letter.

All Higher Tier agreements start on 1 January 2024.

You must not start work or incur any costs for capital items before the agreement start date, or before the date you accept your agreement offer, if this is later than 1 January 2024. If you do, you will not be paid for these ineligible items and in certain cases the agreement may be terminated.

If you are successful in securing a place in one of the environmental land management schemes that provides equivalent or better environmental outcomes, you can end your CS agreement early without penalty, at agreed points.

5.1.1 Your agreement and its effect on the current cropping cycle

Any options that must be established and present in place in the spring or summer of year 1 (such as AB5 Nesting plots for lapwing (and in Higher Tier, stone curlew) and AB9 Winter bird food) must be established and in place during the management period to be eligible for payment.

You do not need to destroy crops which are in the ground at the start of an agreement (1 January 2024) to establish a chosen option, you can manage and harvest them as normal farm crops.

However, some options may have restrictions on their management from 1 January 2024. For example, where the option requires that you do not use any fertiliser, pesticide sprays or other inputs. This will be detailed in your agreement.

Agreement options may involve work that can only take place at certain times of the year or under certain conditions, for example fencing to permit grazing, or creating beetle banks. In these cases, you must complete the work and meet any option requirements, during the first 12 months of the agreement.

Some options such as basic overwintered stubble (AB2 Basic overwinter stubble) require the stubble to be kept until 15 February in the year after it was established. However, it only needs to be retained until 31 December in the last year of the agreement.

5.2 General CS requirements

‘Agreement Holder’ means the person (whether an individual, a company or other entity) who has entered into the CS agreement as identified in the Agreement Document – read clause 1 of the Annex 1 Terms and Conditions.

You must complete your capital item(s) and the Multi-Year Option(s) in accordance with the standards and requirements set out in your Agreement Document and this CS guidance (including any relevant time limits) and in the agreed location(s) as identified on the Agreement Map(s).

‘Agreement Land’ is the land parcels defined in the Agreement Document and identified on the Agreement Map(s), and any land parcels where rotational options are active in a particular year, as defined in clause 1 of the Annex 1 Terms and Conditions.

You, as the Agreement Holder, must follow all the general management requirements as set out below, on the Agreement Land throughout the period of the agreement unless specifically:

stated otherwise in another section of this guide
permitted in the requirements of the option or capital item specification as part of the CS Agreement Document
required for organic management

5.2.1 CS management requirements

You must not:

allow Agreement Land to be levelled, infilled, or used for the storage or dumping of materials
light fires (including burning brash or cuttings) on the Agreement Land
allow field operations or stocking to cause any ground disturbance, wheel rutting, poaching or compaction on Agreement Land

You can use Agreement Land to store muck heaps temporarily if you can continue to meet all the requirements in your agreement that apply to the area concerned.

5.2.2 Protecting historic features

These requirements apply to any features marked on the FER map and HEFER and also for any additional features of which we later write to tell you about.

You must not do any of the following:

Cause ground disturbance, including poaching by livestock, on known archaeological features or areas of historic interest under grassland unless the ground disturbance is part of a programme of works intended to protect the historic or archaeological feature.
Sub-soil or de-stone on areas containing known archaeological features unless these operations have been carried out as part of a routine in the past 5 years. You must have scheduled monument consent from the Secretary of State for the Department for Culture Media and Sport, as advised by Historic England to carry out sub-soiling on scheduled monuments.
Deliberately plough more deeply or undertake additional ground works or drainage on those areas already under cultivation that contain known archaeological features.
Allow free-range pigs on archaeological features.
Remove any useable building stone, walling stone or traditional roofing material (excluding materials produced from established quarries) from known archaeological features or areas of historic interest on the Agreement Land.
Damage, demolish or remove building material from substantially complete ruined traditional farm buildings, historic boundaries or from boundaries of parcels containing known archaeological features or areas of historic interest.

5.2.3 Hedgerows

In any one calendar year, you must not cut more than 50% of all hedges on or bordering Agreement Land. This includes all parcels under agreement, including land parcels which have been selected for rotational options but where rotational options are not sited during that year.

There is an exception for public safety, allowing road and trackside hedgerows to be cut annually or more frequently.

You must mark all hedges on or bordering Agreement Land on the FER map. You can find detailed guidance on the relevant hedges, and how to mark them on the FER map, with your application pack.

5.2.4 Grazing management

Table 1: Higher Tier multi-year options that limit grazing activity

Option code	Grazing management
AB1	Nectar flower mix
AB6	Enhanced overwinter stubble
AB7	Whole crop cereals
BE4	Management of traditional orchards
BE5	Creation of traditional orchards
CT1	Management of coastal sand dunes and vegetated shingle
CT2	Creation of coastal sand dunes and vegetated shingle on arable land and improved grassland
CT3	Management of coastal saltmarsh
CT4	Creation of inter-tidal and saline habitat on arable land Woodland Management Plans where needed for woodland only applications, must be fully approved with any associated felling licence in place by this date
CT5	Creation of inter-tidal and saline habitat by non-intervention
CT6	Coastal vegetation management supplement
CT7	Creation of inter-tidal and saline habitat on intensive grassland
GS1	Take field corners out of management
GS3	Ryegrass seed-set as winter food for birds
GS4	Legume and herb-rich swards
GS6	Management of species-rich grassland
GS7	Restoration towards species-rich grassland
GS8	Creation of species-rich grassland
GS9	Management of wet grassland for breeding waders
GS10	Management of wet grassland for wintering waders and wildfowl
GS11	Creation of wet grassland for breeding waders
GS12	Creation of wet grassland for wintering waders and wildfowl
GS13	Management of grassland for target features
GS14	Creation of grassland for target features
GS15	Haymaking supplement
GS17	Lenient grazing supplement
HS7	Management of historic water meadows through traditional irrigation
LH1	Management of lowland heathland
LH2	Restoration of forestry and woodland to lowland heathland
LH3	Creation of heathland from arable or improved grassland
OP1	Overwintered stubble
SP1	Difficult sites supplement
SP6	Cattle grazing supplement
SP7	Introduction of cattle grazing on the Isles of Scilly
SP8	Native breeds at risk supplement
SW3	In-field grass strips
SW4	12m to 24m watercourse or nitrogen sensitive terrestrial habitat buffer strip on cultivated land
SW7	Arable reversion to grassland with low fertiliser input
SW8	Management of intensive grassland adjacent to a watercourse
SW9	Seasonal livestock removal on intensive grassland
SW10	Seasonal livestock removal on grassland in Severely Disadvantaged Areas on land next to streams, rivers and lakes
SW12	Making space for water
SW13	Very low nitrogen inputs to ground waters
UP1	Enclosed rough grazing
UP2	Management of rough grazing for birds
UP3	Management of moorland
UP6	Upland livestock exclusion supplement
WD4	Management of wood pasture and parkland
WD5	Restoration of wood pasture and parkland
WD6	Creation of wood pasture
WD7	Management of successional areas and scrub
WD8	Creation of successional areas and scrub
WD9	Livestock exclusion supplement - scrub and successional areas
WT7	Creation of reedbed
WT9	Creation of fen
WT12	Wetland grazing supplement

If the agreement contains one or more of these options, you must:

avoid over-grazing and under-grazing across the whole grazed area of the holding – distribute stock across the grazed area of the holding to make sure this is the case
stock no more than the rates given in your Agreement Document on average over the year across all agricultural land on the farm or production unit where the agreement is located

Under-grazing is where annual growth is not fully used, or where scrub or coarse vegetation is becoming evident, and this is damaging the environment of the site.

Over-grazing is where land is grazed by so many livestock that the growth, quality or diversity of vegetation is adversely affected, and this is detrimental to the environmental interests of the site.

Read Annex 7 for more information about record keeping, how to convert livestock numbers to livestock units and what to do when you take over additional land.

5.2.5 Nitrate Vulnerable Zones

If your Agreement Land is in a Nitrate Vulnerable Zone (NVZ), you must meet the requirements of both the relevant NVZ Action Programme and CS. Where the rules overlap, you must meet those that are the strictest.

5.2.6 Farming Rules for Water

You must meet the requirements of the Farming Rules for Water.

5.2.7 Maintaining capital items

You must maintain capital items funded under CS on Agreement Land, in the condition and to the specification for which they were granted aid, for a set period of time.

For capital works which form part of a multi-year agreement this requirement lasts for the whole time that the land parcel where the capital item is located, is under agreement.

We may recover payments if you do not meet these requirements, or if your Agreement Land that the capital item is located on is taken out of the scheme before the end of the agreement.

5.2.8 Heather and grass burning

Where you have the legal right to carry out burning, and intend to do so, you must comply with all relevant legislation, which includes the Heather and Grass etc. Burning (England) Regulations 2007 and the Heather and Grass etc. Burning (England) Regulations 2021. You can find details of the requirements and information on when to apply for a licence at Heather and grass burning: rules and applying for a licence.

You must also follow the Heather and Grass Burning Code (as may be amended).

If heather or grass burning is included in your CS application, your Natural England adviser will discuss a restoration plan with you.

5.3 Cross compliance

You must comply with all applicable domestic law. In particular, note that while cross compliance no longer applies, the majority of cross compliance rules are also requirements under domestic legislation.

5.4 Evidence: Record keeping and site visits

You must obtain and keep evidence to show you have carried out all the requirements of your agreement to support your claim or to support a site visit.

You must keep evidence to show that:

you’re eligible to apply for the scheme
capital works have been carried out to the required specification

During Higher Tier site visits, we will assess how the environmental aims are achieved under the options you have in your agreement. We will also check that you have carried out any specific requirements set out in your agreement.

You must follow any requirements for management options and adhere to any specifications for capital items and retain any records that are required to support your claim. You can find more details of the steps you need to take to meet management options, capital items or supplements by using the CS grant finder.

Keeping appropriate records is an important part of an effective farm or woodland management system. Records will help demonstrate that you have carried out the activities in your agreement and that the funded activity is taking or has taken place.

5.4.1 When you must provide evidence

You must keep any required evidence and supporting documents and have them available on request.

You can find a list of evidence requirements for individual options and capital items on the CS grant finder. These records should demonstrate that you have done the required work. If you cannot provide evidence when asked, or the evidence you do provide is inaccurate or incomplete, we will treat this as a breach of your agreement and may apply reductions (read section 6.5).

Evidence to support your application

You must keep evidence to show that you, your business, your land, multi-year management options or capital items are eligible as you may have to show this if you are chosen for a site visit.

During the agreement period

You may need to provide evidence to show that you have carried out the required actions. Evidence may be needed:

to support a claim, in particular capital item claims – more information is set out in section 5.4, and where relevant further information will be sent with the claim form covering letter
during or after an environmental outcome site visit, for our administrative checks or other checks as described in section 6.6

After the agreement has ended

The terms and conditions explain that you must keep all invoices, receipts, accounts and other relevant documentation relating to the expenditure of the grant for at least 7 years from the end of the agreement.

5.4.2 Consents and permissions

It is your responsibility to obtain all consents, approvals or permissions that you may need due to your specific circumstances and to carry out the particular multi-year option or capital item (section 4.10). These consents and permissions must remain effective for the duration of the agreement. You must keep records to show this.

5.4.3 Organic certification

You must meet the organic standards on all your organic land for the duration of the organic option(s) in the agreement and keep records as evidence of organic farming practices.

This is an eligibility requirement and failure to comply could result in a breach of your agreement – read section 6.5. This means a reduction may be applied or, in certain cases, this could lead to your agreement being suspended or terminated – read section 6.7 for further details.

Record keeping requirements differ depending on whether land is certified as ‘organic’ or ‘in-conversion’. The organic schedule and certificate supplied by the Defra-approved Organic Certification Bodies (OCB) are legal proof of registration and provide verifiable evidence of the land status as ‘in-conversion’, or ‘fully organic’.

The following evidence is required for organic support under CS. The evidence must cover all land and enterprises entered for ongoing support under CS organic options.

Fully organic

You must be able to show:

a valid organic certificate and schedule issued by a Defra approved OCB
annual OCB inspection reports
evidence of continued OCB registration

Organic Conversion payments

You must be able to show:

your Conversion Plan approved by the OCB
a valid organic certificate and schedule

New conversion

If you have not yet had an initial site visit and completed an OCB-approved conversion plan for the land in question (due to timing of conversion), you must have the following documents available on request if we ask to see them:

a fully completed Organic Viability Plan
a completed conversion plan approved by the OCB as well as a valid organic certificate and schedule

5.5 Photographic evidence

For some multi-year management options and capital items you need to keep dated photographic evidence to support a claim or as part of the record-keeping requirements for an agreement. You must have this evidence available on request as we may ask to see it. You can use photographs with an automatic date stamp or write the date the photograph was taken on the reverse.

The need for dated photographic evidence depends on the multi-year option or capital item. Check the individual option or capital item requirements using CS grant finder to see if this is the case.

For photographic evidence the following general principles apply.

5.5.1 Before work stage

For some multi-year options and capital items, you need to take dated photographs and keep them to show where work or management will be undertaken on a particular feature or site.

Check the individual option or capital item requirements using CS grant finder to see if this is the case.

5.5.2 During work stage

For the capital works listed in Table 2, you will need to keep and submit contracts, invoices, or other documents confirming that the technical specification for the completed works have been met. If you are unable to provide this, you will need to keep and submit dated photographs of the site during the different stages of the construction or build to show that the minimum specification has been met. If you have capital works that cannot be visually checked after the work has been completed, such as concreting or underground pipework, you will need to take photographs during construction.

Table 2: Capital Items requiring evidence of completed work

Code	Capital item
LV3	Hard bases for livestock drinkers
LV4	Hard bases for livestock feeders
LV5	Pasture pumps and associated pipework
LV6	Ram pumps and associated pipework
LV8	Pipework associated with livestock troughs
RP3	Watercourse crossings
RP4	Livestock and machinery hardcore tracks
RP6	Installation of piped culverts in ditches
RP7	Sediment ponds and traps
RP8	Constructed wetlands for the treatment of pollution
RP9	Earth banks and soil bunds
RP12	Check dams
RP13	Yard – underground drainage pipework
RP14	Yard inspection pit
RP15	Concrete yard renewal
RP24	Lined biobed plus pesticide loading and washdown area
RP25	Lined biobed with existing washdown area
RP26	Biofilter
RP27	Sprayer or applicator load and washdown area
WN3	Ditch, dyke and rhine restoration
WN5	Pond management (100 square metres or less)
WN6	Pond management (more than 100 square metres)
WN8	Timber sluice
WN10	Construction of water penning structures

5.5.3 Claim stage

For capital items, you may be required to submit dated photographs with your payment claim if you are unable to submit contracts, invoices or other documents that confirm the technical specification for the completed works.

Follow individual capital item guidance. It is your responsibility to retain sufficient evidence to show that the investment or required management has taken place.

5.5.4 Photographic quality

All photographs must meet the following standards. Requirements apply equally to digital photographs or those supplied as paper photographs. We cannot accept data storage devices for security reasons, digital photos must be sent to us by email.

Quality – photographs must be in focus and clearly show the relevant option, capital item or environmental feature. If you send your images by email, send them as JPEG files attached to the email. Digital images should not be smaller than 600 x 400 pixels and ideally the image file size no larger than 400KB. Printed photographs must be no smaller than 15cm x 10cm. Photographs can be in either portrait or landscape.

Photograph to identify the environmental feature, land management option or capital item(s) concerned – it is your responsibility to have sufficient evidence that the investment or required management has taken place. For example, more than one photograph may be needed where the option, feature or capital item exceeds the frame or is not clearly evident from a single photograph.

Where possible include a significant feature to provide authenticity, for example, ditch, fence, farm building, road, telegraph pole.

Where possible mark the photographed feature location, and direction from which the photograph has been taken, with an ‘X’ and an arrow on a copy of a map (or map extract) of the agreement area.

Where scale or continuity is important include a feature or introduce one. For example, a quad bike or vehicle, or use a sighting pole (2m high with 50cm intervals marked in red and white) and take pictures consistently from the same spot for before and after photographs of the capital item or option.

5.5.5 Clearly label photographs

Use the Ordnance Survey (OS) map sheet reference and National Grid reference for the land parcel, followed by the relevant proposed or implemented option or capital item code and, if more than one image is required, the image number.

The OS map sheet reference and National Grid reference should relate to the land parcel on which the feature, multi-year management option or capital item is sited or for boundary features the adjacent land parcel. For example, if you need to take ‘before and after’ photographs to show evidence that work has taken place for Gateway relocation (RP2), the image should be labelled as XX12345678_ RP2_1 and XX12345678_RP2_2.

Save digital images using the labelling format. Clearly write the label on the reverse of printed photographs detailing the OS map sheet reference and National Grid reference for the land parcel, the implemented capital item code, date, Agreement Holder name and SBI.

5.6 Keeping farm records

You should obtain and keep evidence to show that you have followed the requirements for options in your agreement, to support your claim or to support a site visit.

Farm records will help show that you have carried out the activities in your agreement and that the funded activity is taking or has taken place.

Where the option requires you not to carry out certain activities during the year (for example not to graze or apply pesticide), you do not need to record the absence of these activities.

However, you will need to fill in a declaration on the annual claim form to confirm that you have met this requirement.

Where there is an existing statutory or farm assurance scheme requirement to maintain relevant records, these records can be used as evidence. For example, you can use:

Plant Protection Products (PPPs) application record to prove the time of application and what products were applied for
NVZ requirements for nitrogen planning and recording of nitrogen applications

You can use existing farm records (those you already keep as part of your commercial farm activities and planning) where these already meet scheme requirements. This may include pesticide records, nutrient management plans, the use of manure and fertiliser, stock and grazing records.

Where the scheme requirements are not covered by existing farm records, you will need to keep an additional record.

Examples

Where the use of pesticides (including herbicides) is prohibited or restricted to dealing with a particular problem such as injurious weeds or to a particular method such as weed wiping or spot treatment. Check that appropriate information is included as part of your Pesticides Record under ‘other or additional information’

Some option requirements restrict applications of manufactured fertiliser to specified levels of phosphate and potash. In these cases, if you are within an NVZ you would need to record the application of phosphate and potash in addition to the application of nitrogen.

5.6.1 Stocking records

If any of your options contain requirements relating to grazing management (including ‘do not graze’ or ‘exclude livestock’), you must keep livestock records as they may act as evidence to support your claim.

You can find more information about livestock record-keeping requirements in Annex 7. You can find templates that you can use to keep these records at Livestock record keeping.

5.6.2 Nutrients

If any of the options require you to keep a nutrient management plan, you should keep relevant records. Commercial nutrient recording systems for fertilisers and manures normally meet this requirement.

You must keep any required nutrient records on farm and make them available during site visits if we ask for them.

You must plan each application of manure or fertiliser on your land as set out under the Farming Rules for Water.

5.6.3 Recommended fertiliser management system

Table 3 shows which CS options strongly recommend that you use a recommended fertiliser management system across the farm to achieve the environmental aims.

Table 3

Code	Option
GS4	Legume and herb-rich swards
GS9	Management of wet grassland for breeding waders
GS10	Management of wet grassland for wintering waders and wildfowl
GS11	Creation of wet grassland for breeding waders
GS12	Creation of wet grassland for wintering waders and wildfowl
SW7	Arable reversion to grassland with low fertiliser input
SW8	Management of intensive grassland adjacent to a watercourse
SW12	Making space for water
SW13	Very low nitrogen inputs to groundwaters
SW14	Nil fertiliser supplement
UP2	Management of rough grazing for birds

If you want to use these multi-year options, you should do one of the following.

1. Use a recommended fertiliser management system

You must hold sufficient farm records and documentation to demonstrate that you are using a recommended fertiliser management system and that nutrient management planning is taking place. Farm records must confirm that you:

plan any applications of nitrogen and phosphate fertiliser to each crop in each land parcel before applying it
carry out periodic soil testing on relevant areas (every 5 years)

You must be able to show these records when we ask to see them or as part of a site visit. Read more about guidance on using recommended fertiliser management systems and advice offered.

2. Get advice to adopt a recommended fertiliser management system

If you cannot show that you are already following a recommended fertiliser management system, you will need to get advice, so that you can start one across your farm within 18 months of the start of the agreement. You can get advice from the Farming Advice Service. You will need to show that you are actively carrying out a fertiliser management planning system throughout the life of the agreement and send us these records if we ask to see them or show them to us during a site visit. You can ask for advice (at your own expense) but it must be from a suitably skilled agronomist or adviser. Read more about guidance on using recommended fertiliser management systems and advice offered.

3. Show exemption as a low intensity farmer

You are exempt from this requirement if you can demonstrate that you are farming at a low intensity across your management or production unit or farm site. In these cases, you must meet all the following requirements:

at least 80% of the land is grassland
you apply no more than 100kg N per hectare per calendar year as organic manure, including what is applied directly to the field by animals
you spread no more than 90kg N per hectare per calendar year as manufactured fertiliser and no organic manure is brought onto the farm site

When calculating the fertiliser application rate, you must exclude any area of the farm site where you do not spread fertilisers or cultivate soil (for example rough grazing).

You need to keep adequate records on the farm site to show that you qualify as a low intensity farmer. You must send us these records if we ask to see them or show them to us at a site visit. If you do not hold fertiliser records for each land parcel, you must have sufficient information recorded to show that you meet the above low intensity farmer criteria.

You can find more information on:

low intensity exemption applicants in the Nitrate Vulnerable Zones guidance – guidance on areas designated as NVZs in England 2021 to 2024
how the use of nitrogen fertilisers and organic manures is restricted in NVZs by reading the Nitrate Vulnerable Zones guidance

Guidance on using recommended fertiliser management systems and advice offered

There are several recommended fertiliser management systems available, as well as guidance and advice, such as:

RB209 (the Fertiliser Manual) which helps you assess the fertiliser required for the range of crops you plan to grow. Other sources of fertiliser nutrient advice are also available
the industry Tried and Tested Nutrient Management Plan

There are a number of tools available to help you meet the requirement to plan farm nutrient use efficiently. These include:

PLANET: a software tool to help with field level nutrient management
MANNER NPK: a software tool that provides a quick estimate of crop available nitrogen, phosphate and potash from applications of organic manure
ENCASH: a software tool that calculates the nitrogen in manure produced by different types of permanently housed pigs and poultry

All 3 software tools are on the PLANET website.

There may be other packages providing a similar service.

There is also a wide range of advice available to help support you to improve nutrient management on farm

FACTS-qualified advisers are qualified to give advice to promote farming systems that maximise crop nutrition and protect the quality of soil, water and air and farm biodiversity. The FACTS scheme is administered by BASIS Registration Ltd, and a list of qualified persons is available from them on request at the BASIS website.

5.6.4 Keeping woodland records

You need to keep certain records for all your woodland management options, for certain capital items and woodland supplements. You must send these with your grant claims when we request them. Typical activities that should be recorded include:

deer management and cull figures
squirrel management
red squirrel monitoring
open space
ride management
thinning, felling and coppicing
regeneration
any other general woodland management which could include Operational Site Assessments

You need to produce a monitoring report with your claim in years 3 and 5 of your agreement.

5.7 Soil sampling

If you’re applying manure or fertiliser to cultivated agricultural land (including grassland), you must plan the application of manure and fertiliser by using the results of soil tests.

The requirement for soil sampling is set out under the Farming Rules for Water. Read Rules for farmers and land managers to prevent water pollution and check CS grant finder to see if this is the case.

Cultivated agricultural land is both or one of the following:

land you’ve ploughed, sowed or harvested at least once in the last year
land where you’ve applied organic manure or fertiliser at least once in the last 3 years

The results of soil tests must show the pH and levels of:

nitrogen – you can estimate the soil nitrogen supply (SNS) index of a field by the Field Assessment Method described in the AHDB Nutrient Management Guide (RB209) on pages 20 to 25
phosphorus
potassium
magnesium

Soil test results must be no more than 5 years old at the time of application. Contact the Environment Agency if you need more advice.

5.7.1 Soil Sampling on scheduled monuments

If land parcels contain a Scheduled Monument, you must avoid this when taking soil samples. If you cannot avoid this because the Scheduled Monument occupies a significant proportion of the land parcel, you must get consent from Historic England before taking soil samples.

Make sure you do this to avoid a potential offence under the 1979 Ancient Monuments and Archaeological Areas Act. In these situations use the Consent for soil sampling on scheduled monuments form.

Fill this in and send it to Historic England in accordance with the guidance attached to the form, for their consideration. Do not carry out the sampling until consent has been given.

You must send the results of the soil analysis to us and a copy to Historic England. Details will be included in your s17 agreement (under section 17 of the Ancient Monuments and Archaeological Areas Act 1979).

If you find any archaeological artefacts during sampling or through sample analysis, you must send details to Historic England and the local Historic Environment Record (HER). This includes evidence of any artefacts discovered outside the Scheduled Area but within the wider land parcel containing the Scheduled Monument.

5.8 Specifications and cost quotations

A small number of payments for capital items are based on the actual cost and are paid as a % of the cost.

You need to get quotes for these particular capital items. You must get a minimum of 3 quotes in writing. You need to submit your quotes with your application. An adviser will discuss with you the RPA contribution towards the costs of the work and will confirm this in writing.

In exceptional circumstances involving highly specialised works fewer than 3 quotations may be accepted, but this must be agreed in writing by RPA in advance.

Actual cost works must be agreed with RPA and either Natural England or Forestry Commission before you include them in your application. In these cases, the capital item may also require a bespoke specification to be developed for the work, for example when using capital item FM1 on geodiversity features.

Each specification will be tailored to the requirements for the individual option and capital item in discussion with the Natural England or Forestry Commission adviser. Specifications are likely to include:

technical design drawings to illustrate the extent of the work or schedule of works to provide an itemised list of the component parts or process for implementation or both
descriptions of the standards to which each category of work is to be carried out

You can find out more information on capital item specifications using the CS grant finder.

5.9 Publicity requirements

The terms and conditions require you to comply with all instructions and guidance relating to acknowledging and publicising the support provided. This includes using any materials or templates which are provided for this purpose.

5.10 Metal detecting requirements

Metal detecting is not allowed on scheduled monuments, SSSIs and known archaeological sites on Agreement Land. These are identified on the FER, and the HEFER. We will write to tell you about any new sites that are discovered that will also be covered by these terms.

On all other Agreement Land, you must make sure that metal detecting does not conflict with the requirements of your agreement, in particular where proposed metal detecting may affect your ability to meet recommended management of an option.

For example, options supporting ground-nesting birds, priority habitats, or rare arable plants are incompatible with ground disturbance, and such activities may cause a breach of agreement and result in recovering monies already paid, withholding future payments, or interest payments – read section 6.5.

Any metal detecting that you allow on Agreement Land should follow best practice as set out in the current Code of Practice for Responsible Metal Detecting in England and Wales (2017). You must report all finds to the Portable Antiquities Scheme.

5.11 Archaeological fieldwork requirements

If archaeological fieldwork (such as survey, test pitting or excavation) is proposed on Agreement Land that would cause, or may cause, ground disturbance or damage to any known archaeological sites or other environmental assets, you will need to request approval from us via a Minor and Temporary Adjustment – read section 6.10.3.

Any proposed fieldwork must also have the written support of the local authority Historic Environment Service.

You will need written consent before any fieldwork can begin in the following circumstances:

any archaeological fieldwork involving ground disturbance on scheduled monuments – this requires Scheduled Monument consent from the Secretary of State for the Department for Digital, Culture Media and Sport, as advised by Historic England
on scheduled monuments – any geophysical survey requires a section 42 licence from Historic England
any archaeological fieldwork (including the use of ground-penetrating radar or remote sensing) on SSSIs requires written consent from Natural England

5.12 Alternative fencing

You should discuss alternatives to fencing with your Natural England adviser if traditional stock proof fencing is not appropriate on your holding due to landscape or access issues.

5.13 Farm Environment Record (FER), Historic Environment Farm Environment (HEFER) Record and Baseline Evaluation of Higher Tier Agreements (BEHTA)

As set out at section 4.5, it is a mandatory requirement to retain all the features identified in the FER, the HEFER and the BEHTA, and to protect them from damage or removal for the period of the agreement. An adviser from RPA, Natural England or Forestry Commission will explain these requirements to you.

Removal or damage to a feature identified on the FER, HEFER, or BEHTA is a breach of your agreement unless this is allowed by your agreement. An example where it is allowed is arable land (BEHTA code A01) is being managed to re-create a species-rich grassland. Read section 6.5 for more information on agreement breaches.

5.14 Subsidy control rules

CS Payments may be subject to subsidy control or equivalent rules. We will publish further information on GOV.UK.

Question 2

6.  Manage your Higher Tier agreement

Accepted Answer

You must read and meet the requirements detailed in this section which are mandatory for all Higher Tier Agreement Holders.

A CS agreement is made up of the:

CS Annex 1 Terms and conditions
Agreement Document (which sets out Agreement Holder-specific details)
supplementary documents referred to in the Agreement Document

6.1 Agreement period

Some Higher Tier agreements last for more than 5 years.

Table 4 shows the options that last for 10 to 20 years because they take longer to establish and improve environmental conditions. Agreements on land parcels that are common land and shared grazing last for 10 years. Read section 3.12 for more details and definitions.

Table 4: Higher Tier options and agreement lengths

Option	Option duration (years)
Creation of coastal sand dunes and vegetated shingle (CT2)	10
Creation of inter-tidal and saline habitat on arable land (CT4)	20
Creation of inter-tidal and saline habitat by non-intervention (CT5)	20
Creation of inter-tidal and saline habitat on intensive grassland (CT7)	20
Creation of wet grassland for breeding waders (GS11)	10
Creation of wet grassland for wintering waders and wildfowl (GS12)	10
Raised water level supplement (SP2)	10
Making space for water (SW12)	20
Management of moorland (UP3)	10
Creation of reed bed (WT7)	10
Creation of fen (WT9)	10
Creation of traditional orchards (BE5)	10
Restoration towards species-rich grassland (GS7)	10
Creation of species-rich grassland (GS8)	10
Creation of grassland for target features (GS14)	10
Restoration of forestry and woodland to lowland heathland (LH2)	10
Creation of heathland from arable or improved grassland (LH3)	10
Woodland creation – maintenance payments (WD1)	10
Restoration of wood pasture and parkland (WD5)	10
Creation of wood pasture (WD6)	10

6.2 Submitting a claim

To submit a claim online, sign into the Rural Payments service.

Read the guidance on how to make a capital or revenue claim for Countryside Stewardship.

If you cannot make a claim online, contact us to ask for a claim form.

6.2.1 Submitting claims for multi-year management options

Multi-year agreements contain management options that last for 5, 10 or 20 years. You should claim for these management options every year.

The deadline for multi-year CS payment claims (annual revenue claims) in 2024 is 11:59pm on 15 May.

We must receive your claim by the annual claim deadline each year for you to receive payment in full. We must also receive any paperwork we ask for to support the management options part of the claim, when you make the payment claim. If your agreement includes rotational options, and you are unable to include the location of these options on your claim, you must send us the location no later than 1 September.

It is your responsibility to make sure we receive your annual claim by the claim deadline. If you have any issues submitting your claim, either online or using a paper form, you must contact us and let us know before the claim deadline.

Important 2024 claim dates and when reductions apply

If we receive your claim:

after 15 May but by 31 May, a 5% reduction will apply
after 31 May but by 30 June, a 10% reduction will apply
after 30 June but by 31 August, a 25% reduction will apply
after 31 August, your claim will not be paid unless you can provide a good reason for the delay

Read section 6.5: Reductions and section 6.11: Good reasons for a breach.

6.2.2 Multi-year claims from land managers with multiple agreements

If your business covers a number of farms and you manage it as a single unit, or you use a single vendor or SBI number, you can have more than one agreement for that SBI (read section 3.3 of the applicant’s guide). If you have more than one multi-year agreement in place, you must fill in a separate CS revenue claim for each agreement.

6.2.3 Capital items within multi-year agreements

A Higher Tier agreement can include a 3-year programme of capital works. You must complete all capital works within 3 years of the agreement start date unless they are specifically identified to be completed in year 1.

When you have finished the works and you have been charged or invoiced by the contractor or supplier for the items or activities, you can submit your claim for payment.

You can submit a capital item claim at any time of the year. To do this, the approved work must have been completed in line with the agreement and you must have incurred the costs. You must be able to show that you have been charged or invoiced for the full payment before you submit your capital item claim. If you cannot show that you have incurred the costs for works undertaken, your claim may be rejected.

If your claim is part of a multi-year agreement, you can make a claim in stages for certain capital items according to the schedule in your Agreement Document. The minimum value of any single claim is £500, except for the final claim, which can be less than £500.

We must receive all claims for payment no later than 3 months after the 3-year period given to complete the works. If we receive a claim between 3 and 6 months after the end of that period, a late claim reduction will be applied. If we receive a claim more than 6 months after this date, the claim will not be accepted and no payment will be made.

Read your Agreement Document for details of ‘Claim-by’ dates.

6.2.4 Single claim capital items

We cannot accept part claims for the capital items listed in table 5.

Table 5

Item code	Capital item
AQ1	Automatic slurry scraper
AQ2	Low ammonia emission flooring for livestock housing
RP4	Livestock and machinery hardcore tracks
RP7	Sediment ponds and traps
RP8	Construction of wetland for the treatment of pollution
RP11	Swales
RP13	Yard – underground drainage pipework
RP15	Concrete yard renewal
RP17	Storage tanks underground
RP18	Above ground tanks
RP22	Sheep dip drainage aprons and sumps
RP24	Lined biobed plus pesticide loading and washdown area
RP25	Lined biobed with existing washdown area
RP27	Sprayer or applicator load and wash-down area
RP28	Roofing (sprayer washdown area, manure storage area, livestock gathering area, slurry stores, silage stores)
RP29	Self-supporting covers for slurry and anaerobic digestate stores
RP30	Floating covers for slurry and anaerobic digestate stores and lagoons

6.3 Evidence required to support your claim

6.3.1 Using contractors for multi-year management options and capital works

You can employ contractors to carry out agricultural work on your Agreement Land, or to carry out work under the CS multi-year management options and capital items.

You must tell the contractor about the agreement and its requirements. It is your responsibility to make sure that work carried out by contractors does not breach the terms of your agreement. If the contractor commits any breaches on the land, you will be responsible for any payment reductions.

You must keep records of the work carried out by contractors in either paper or electronic form, for the full period of the agreement and for at least 7 years after your agreement has ended. You must also produce these records if we ask you to.

6.3.2 Invoices for actual costs

You will need to provide invoices for some capital items. You can check this in your Agreement Document or on the CS grant finder.

Invoices and receipts must be:

dated after the start of the agreement
related to activities after the start date of the agreement and after you have received your agreement offer

We will reject your claim and you will not be paid, if we find that work was carried out before or after the period of your agreement.

If you are claiming for capital items based on actual costs you must send invoices (that show that you have incurred the costs of materials and contracted work) with the claim.

When we ask for invoices and receipts to support your claim, you must provide original receipted invoices for the purchase of every item claimed.

We can only accept invoices if they show that the company or individual providing the goods or services involved has undertaken the work and is now billing for payment.

The following are also acceptable evidence:

a till receipt from a retailer for purchases of standard, off-the-shelf items – these do not need to be separately receipted
if invoices are not available, a copy of a bank or credit card statement which shows the work has been paid for

We can only accept an invoice if the document is an original, or a computerised carbon copy on an original letterhead. It must confirm that the value of the invoice has been charged to you.

The following conditions also apply:

all costs must clearly relate to each individual claimed capital item
goods that are purchased second-hand (where the agreement specifies that second-hand items are acceptable), or that have been bought online, also need to have invoices provided for them, unless they are standard off-the-shelf items as described above, in which case the standard receipt for payment is considered adequate
the invoice must not pre-date the agreement start date – if it does, we reserve the right to reject all or some of the claim
where you have used your own labour for construction, you must keep time sheets and send these with your claim

You do not need to send invoices and time sheets when claiming for all other multi-year management options and capital items (that are based on fixed cost). But you must keep receipted invoices and time sheets and make them available to us when we ask to see them. This includes those for specific capital expenditure.

6.3.3 VAT for actual costs

If your CS agreement includes actual cost capital items:

you cannot include the cost of the Value Added Tax (VAT) charged on your capital items in your capital items claims if you are registered with HM Revenue & Customs (HMRC) for VAT
you can include the VAT charge in your actual cost claims if you are not registered with HMRC for VAT and you can provide evidence of this, such as a statement from a registered accountant (for example, a chartered accountant or certified accountant)

If you submit a statement from an accountant, the accountant will need to provide a letter on headed paper which confirms:

they are a registered accountant
they act as the accountant for the Agreement Holder’s business
you as the Agreement Holder are not registered with HMRC for VAT

6.3.4 Using your own or a farm employee’s labour for capital works

You can use your own labour or a farm employee’s labour for carrying out capital works. If you do so, you will need to prepare time sheets signed by the employee and employer showing:

the hourly rate for your labour or a farm employee’s labour
what work was carried out
the date the work was done

You must keep these records electronically or on paper for the full period of your agreement and for at least 7 years following the end of the agreement. You must also produce them if we ask you to.

You must tell your employees about the agreement and its requirements. It is your responsibility to make sure that work carried out using your own labour or a farm employee’s labour, does not breach the terms of your agreement. If the employee commits any breaches, you will be responsible for any payment reductions.

6.3.5 Using your own machinery for capital works

You can use machinery and equipment owned by your business to carry out capital works or you can hire machinery or equipment, for example, a cement mixer. You must keep any invoices and records of the machinery used, in either paper or electronic form, for the full period of the agreement and for at least 7 years after your agreement has ended. You must produce these records if we ask you to.

Your records must include:

dates and times the machinery was used
what it was used for
the rate applied to the usage and how this was arrived at
the name of the operator

6.4 When you’ll get paid

6.4.1 The effect of transfers on claims

You need to consider who submits a claim if you are in the process of buying or selling land that is under an agreement or entering and ending a tenancy arrangement on the land. Read section 6.9 of this guide if you are:

an Agreement Holder in the process of selling all or part of the land under agreement and transferring the agreement management obligations for this land to the purchaser
buying land from an Agreement Holder and taking on the agreement management obligations from the seller.
entering or ending a tenancy arrangement with an Agreement Holder

Depending on whether the land transfer takes place before, on, or after the annual claim deadline may affect who should submit claims and who will receive payment.

For CS any outstanding payments are made to the transferee (new owner or occupier) providing they take on the agreement and are eligible.

6.4.2 When you’ll get paid for multi-year management options

We will check your claim to make sure that it is correct. We may visit you to review and assess delivery of the option or options in your agreement. If your claim is correct, we will pay you. If we need to make reductions to your claim, then these will be applied to your payment.

We normally make annual payments for multi-year management options in one instalment in the December following the claim, up until June.

6.4.3 Payments for all agreements

We will make all payments directly into your nominated bank account.

6.5 Reductions to payments

We may reduce or withhold future grant payments and may recover payments you have already received if you:

breach the terms of your agreement
do not meet the relevant eligibility criteria

This section lists some examples when reductions may be applied and when payments may be withheld or recovered.

We can only pay you for work carried out according to your agreement and the scheme rules.

6.5.1 When reductions may apply

We can only pay you for work carried out according to your agreement and the scheme rules.

We will reduce the amount you have been or will be paid if you’ve:

given false or misleading information
claimed payment on land which is not eligible or is not under your management control
not met the obligations of the options chosen
over-claimed for capital works
not followed the scheme rules
submitted a multi-year agreement claim late
submitted a change to a multi-year agreement claim late – this includes changes to supporting information or evidence

This is not a complete list and there may be other examples of where we will apply reductions. In cases of good reasons for a breach, obvious errors and notified errors, we will consider the facts on a case-by-case basis before deciding whether to pay or reduce a claim (read section 6.11 for more information).

6.5.2 Changing a payment claim relating to a multi-year agreement after it has been submitted

You can change a claim up to midnight on 31 August without receiving a reduction to your payment, provided we received your original claim by 15 May.

You cannot change a claim after 31 August date, except:

in cases of good reasons for a breach (read section 6.9.4 for more information)
where you withdraw all or part of your claim (read section 6.4.4 for more information)
for an obvious error (read section 6.4.5 for more information)

6.5.3 Withdrawing all or part of a payment claim for a multi-year agreement

You can withdraw all or part of a payment claim at any time unless:

you have already been told about an error in the payment claim (or the relevant part of the payment claim)
you have had a site visit (or you receive advance warning of a site visit)
a visit reveals a breach of the rules
errors were found by us when we cross checked information against other relevant funding records for your land

6.5.4 Obvious errors

Where you have made a straightforward mistake on a payment claim (and it is obvious from a simple administrative check of the claim), you can ask us to correct it. We may be able to do this without applying a reduction.

However, if you make the same mistake more than once, we may not accept it as an obvious error.

6.5.5 Notified errors

If you have made a mistake on your payment claim, you can notify us at any time in writing. However, this may affect the payment you receive, particularly if you have:

already been told of any non-compliances in your payment claim
received advance warning of a site visit

6.5.6 Claiming on land that is not eligible or option not present

We will reduce your claim if you declare land that:

We can only pay for the eligible land or options identified during administrative checks or site visits.

If we find that land is ineligible, you will not receive a payment for it. We may also recover previous payments if we find land was ineligible for payment in previous years. In certain cases, if we find significant breaches, your agreement may be terminated, and all payments recovered.

If you have not met all of the option requirements, we may reduce or suspend your payment or we may recover the full amount of the payment.

6.5.7 Achieving the aims of your options

Where there is uncertainty about whether the aims of your management options have been achieved, we will use any records or evidence you may have kept showing. This includes any steps you’ve taken to follow the requirements of options, which you can find on CS grant finder. It is your responsibility to keep such records if you want to rely on these to support your claim.

In some cases, we may write to tell you what you need to do to improve and suspend your payments until you make the improvements. If appropriate, we may also offer you advice or guidance to help you meet the requirements of your agreement. Once you can show the improvements have been made, we will pay you.

If you do not fulfil your obligations under the agreement, we will reduce or withhold your payment or seek recovery. In some cases, we may terminate your agreement or refuse support for other Defra grant schemes for up to 2 years, or both. For example, if we find intentional non-compliance or fraud.

The hectarage of rotational arable options you signed up to in your agreement is the hectarage to be delivered every year of the agreement term. It is part of your agreement to make sure that you do this. By making sure that you deliver the agreed hectarage, you will be able to claim the full amount under your agreement.

6.5.8 Breaches of agreement

If we find breaches during administrative checks or any site visits, we will write to tell you and you will have the opportunity to make written representations if you feel that our findings are incorrect. These representations will be taken into consideration before a decision is made on whether it is appropriate to apply reductions or withhold payments.

We will work out the level of reduction we need to apply by looking at the severity of the breach and whether it is an isolated or a repeat occurrence. We may apply a reduction to your current year’s claim and to previous years’ claims (under your agreement), unless you can demonstrate you were compliant in previous years.

We will assess what has happened due to the breach or non-compliance, consider the objectives of the agreement or options and the short or long-term impacts. For example, ploughing a priority habitat would be classed as a severe breach.

Factors considered and assessed for severity and level of reduction are:

circumstances, nature and consequences surrounding the breach
failure to cooperate with site visits, or further investigations
steps taken to report a change in circumstances
whether it is an isolated or a repeat occurrence
whether a breach was intentional
whether a breach was due to reckless or negligent action
to what extent the breach can be rectified

We will issue a letter explaining that we’ve assessed the breach and what you have to do to amend your agreement.

If there’s a breach of your agreement or the regulations, we may ask you to correct the breach.

For more serious breaches, we may:

reduce the payments you get, or withhold part of them
reduce or withhold money from other schemes
refuse to provide support for other Defra grant schemes for up to 2 years
recover money we’ve already paid
end your agreement

In exceptional circumstances where there is reasonable suspicion of a serious breach or fraud, then we may access land and your premises without notice, using powers of entry. In these circumstances, for example as part of a fraud investigation, we may access any computer that’s been used in connection with the evidence or these records.

6.5.9 Refusal or withdrawal of support claimed

In certain cases, we may refuse, or withdraw in full, the support claimed and terminate your existing agreement. We may do this if we think you have:

committed a serious non-compliance
provided false evidence
negligently failed to provide the necessary information (for instance, where we have asked for it repeatedly and there is no good reason why you have not provided it)

We will also consider:

to what extent the breach can be rectified
the circumstances, nature and consequences surrounding the breach
any failure to cooperate with site visits, or further investigations
any steps taken to report a change in circumstances
whether a breach is an isolated or a repeat occurrence
whether a breach was intentional
whether a breach was due to reckless or negligent action
past conduct during your agreement
previous breaches of a similar nature

If we have to withdraw support for these reasons, we will terminate the existing agreement and you will not be permitted to reapply for the agreement for 2 years. We may also refuse support for other Defra grant schemes for up to 2 years. If this is the case, we will tell you, and you will be able to appeal against this decision.

6.5.10 Suspension of payments

In certain circumstances, where a breach of agreement is of a minor nature, so does not affect the objectives of an option, you will have 3 months from the date we tell you what action to take to rectify the breach. However, we may withhold payments until you have rectified the breach.

6.5.11 Capital payments: over-claiming

If you submit a claim for more than the value of the costs which are eligible to be claimed, we will reduce the payment to the correct amount.

6.6 Scheme control: administrative checks and site visits

We carry out 3 types of check to make sure CS schemes are properly controlled and Agreement Holders comply with the terms of their agreements. These are:

administrative record checks
agreement monitoring visits
physical or virtual site visits

You must allow RPA (or their authorised representatives or auditors) to access your land or premises to carry out CS site visits. Other UK public authorities may also visit you to make sure you are meeting UK statutory requirements.

Natural England, the Forestry Commission or Historic England may also visit your site to monitor environmental progress or check you are following specific management.

We will seek to agree a date and time for a site visit where possible. If not, you will be notified at least 48 hours in advance of the site visit unless we have reasons to suspect that you are in breach of your agreement.

You must help and co-operate with any person carrying out a site visit. Any refusal to do so or obstruction will be treated as a breach of the CS terms and conditions, and you may face recovery, suspension or termination of your agreement. We may also refuse support for other Defra grant schemes for up to 2 years.

6.6.1 Administrative record checks

We will check:

all stages of your application and claim processes
your application form and claim forms
the nature and quality of any supporting evidence, such as receipts and farm records, where appropriate

This is to make sure that you meet eligibility requirements at the application stage, and that various forms and records match up during the whole agreement period.

If you do not provide records when asked, or there are discrepancies, we will treat this as a breach of your agreement. It is your responsibility to keep such records if you want to rely on this to support your claim.

6.6.2 Agreement monitoring visits

Advisers may visit sites to monitor environmental progress, discuss site reports, or if you ask us to visit.

During the period of your agreement, Historic England will visit your site if you have either of the following management options on a Scheduled Monument which has:

reduced-depth, non-inversion cultivation on historic and archaeological features (HS3)
restricted depth crop establishment to protect archaeology under an arable rotation (HS9)

Historic England will discuss the visit results with RPA so we can take appropriate action.

6.6.3 Site visits

Each year, we will carry out site visits on a sample of agreements, to make sure you are achieving the environmental aims and meet the scheme aims or requirements.

If we select you for a site visit, we will check that you are meeting the aims of the management options. We may also check some specific areas, for example your use of fertilisers or pesticides, seed mixes, or stocking levels on land.

If we can see that you have met the aims of management options, we’ll not ask you to provide additional evidence to show this.

If there is uncertainty about whether or not you have achieved the aims of the options, we will use any records or evidence you may have kept to help show this. This includes any steps you’ve taken to follow the recommended management set out in the CS grant finder.

We recommend that you obtain and keep evidence to show you have followed the recommended management of your agreement to support your claim or to support a site visit. Records will help show that you have carried out the activities in your agreement and that the funded activity is taking or has taken place.

It is your responsibility to keep such records if you want to rely on these to support your claim.

For capital items, you must follow the requirements for the specific item, including any specifications you need to adhere to and retain any records that are required to support your claim.

If at the visit we find a breach of the rules, we may apply reductions (read section 6.5)

6.7 Terminating agreements early

We have the right to terminate the agreement by writing to you, if one of the following applies:

you have breached the terms of the agreement
we find intentional non-compliance or fraud
there is a change in circumstances affecting your eligibility to receive CS payments
you have failed to repay any sum which is owed to us

We may also at any time terminate your agreement and any future payments by giving you 6 months’ written notice.

You may end your agreement at any time by giving us written notice. In these situations, you may need to repay all or part of the payments you have received. Your obligations under the agreement do not end until we have received this repayment.

6.8 Break clause

If you have an agreement that lasts 10 years or more, it may be possible for either you or RPA to terminate the agreement after 5, 10 or 15 years (the ‘break point dates’).

A break clause only allows the entire agreement to be terminated. You cannot amend or renegotiate the agreement.

There can be no break clause at the 5 year point of a 10-year agreement containing woodland creation – maintenance payments option (WD1). Funded management must be in place for the full 10-year period.

Either RPA or you can terminate the agreement by giving written notice to the other party at least one month before the ‘break point date’.

If this right is used, grant payments already paid to you will not have to be repaid, unless you are in breach of scheme requirements or rules.

6.9 Transferring an agreement

6.9.1 Selling or transferring land to another party

We will consider requests from the Agreement Holder to transfer an agreement (in whole or part) to another party due to:

a change in business structure
death
inheritance
sale, lease, or other similar transfer of land

If we approve the transfer request, any options associated with the transferred land parcels will have a stand-alone CS agreement on the same terms and conditions. The agreement cannot be re-negotiated at the point of transfer and the land under the agreement cannot be added to another agri-environment agreement.

The agreement will also expire at the end of the original agreement term.

Capital Grant agreements are not transferable. If you transfer all or part of the land under a Capital Grant agreement to another party, the Capital Grant agreement will be terminated on those land parcels and you may need to repay all or part of the grant payments you’ve received.

You should tell the new owner or occupier about the agreement before transferring any Agreement Land.

The new owner or occupier (transferee) should contact us for a Transfer Request Form, to fill in and return to us.

Email: ruralpayments@defra.gov.uk

Telephone: 03000 200 301
Monday to Friday, 8:30am to 5pm, except bank holidays
Find about call charges

If the new owner or occupier is willing to continue with the agreement, they must:

fill in the relevant part of the Transfer Request Form
return the form no later than 90 calendar days after the date of the transfer

We will terminate the agreement for that land if either:

the new owner or occupier chooses not to continue with the agreement on the transferred land
we do not receive the new owner or occupier’s confirmation of their intention to continue with the agreement on the transferred land

You will not need to repay any multi-year annual payments for the period when the Agreement Land was in your ownership or occupation because of the transfer. However, if you have breached the agreement you may need to repay monies.

If there are capital items associated with the transferred land parcels, you must contact us. You may need to repay all, or part of any grants received for capital items.

If you only transfer part of your Agreement Land, we expect you to continue with the existing options on the land you have kept in your agreement. The amended agreement will run for the remaining term of the original agreement.

You (the transferor) must tell us that the land parcels have transferred to the new SBI. You can transfer the land parcels using the Rural Payments service or filling in an RLE1 form.

6.9.2 Changes to customer details or businesses

If there is a change to your customer details or business structure which means that we give you a new SBI, we will treat this as a transfer.

In cases where the land you’ve acquired is already under an agreement (for example, ES, EWGS or CS) and does not remain at the same or a higher level of management, the original Agreement Holder may need to repay grants made under that agreement.

6.9.3 When agreement transfers will take effect

You can contact us to find out what you need to do, when the transfer will take effect and the impact on any outstanding payments, and how to fill in the Transfer Request Form.

We recommend that each party involved in a transfer takes independent legal advice to make sure that their respective obligations or liabilities are built into the relevant transfer documents (for example the contract of sale or the lease agreement). However, we do not pay any costs incurred in the transfer process.

If a transfer is in progress but has not been fully completed when the annual claim needs to be submitted, the new owner or occupier will need to countersign the claim form for the land they will be taking on. If this is the case, contact us for the counter signatory annex to the claim form.

6.9.4 Change in circumstances

You must notify us as soon as you can if there is a change in your circumstances that might:

affect the amount of funding you have been or will be paid
prevent you from complying with the conditions of your agreement
prevent you from carrying out the work set out in your agreement, including preventing you from carrying out the work to the agreed standard or in the agreed timeframe
affect your continued entitlement to agreement funding, for example if you no longer have management control of the land parcels included in your agreement

6.10 Amendments to the agreement

6.10.1 Requesting a change

You should be able to carry out the multi-year options and management under your agreement without difficulty.

However, should an exceptional situation arise where you need to amend or change the choice or location of multi-year options, you can ask us to amend your agreement. If you do this, you may need to repay all or part of previous payments that you have received.

It’s important that there is consistent management during the period of the agreement to make sure that the environmental benefits are achieved. We will therefore only agree to changes that are necessary to achieve the objectives of the scheme. You need written permission from us before you can:

amend or reschedule approved capital items
amend or add multi-year options to a live agreement

You should contact us if you would like to discuss an amendment to your agreement. If you want to change the deadline for completing capital items, you must contact us before the end of the original period to complete them. This is usually 31 December of the third year of the agreement.

We must agree to the request before you make any changes to option location or management. All amendments to multi-year agreements come into effect from 1 January of the next calendar year. We will write to confirm if your request is successful.

The amendment will not be valid until you have received a letter from us agreeing to the amendment and advising you of the date from which it will take effect. You must continue to manage your agreement under the existing options requirements until the date the amendment takes effect.

6.10.2 Variation of agreements

Occasionally, we may need to vary the agreement in line with changes to law and in other exceptional circumstances. In applying for the scheme, you accept that such changes may be made at any time. We will publish a ‘List of changes’ document.

Where the changes will significantly affect the land management required, or financial aspects of the agreement, we will tell you.

If adjustments are needed to meet changes in regulations, relevant mandatory standards, requirements, or obligations but you are not prepared to accept these changes, your agreement will end. You will not need to repay monies from the agreement.

6.10.3 Minor and temporary adjustments

You may consider that, due to factors beyond your control in a particular year, you will be temporarily prevented from carrying out some of the management required under your agreement. If this is the case, you can apply to us for a minor and temporary adjustment to the management requirements that apply that year.

Examples include where:

bad weather such as snow or drought is preventing normal grazing and stock require supplementary feeding, but the agreement does not allow this
there is a serious weed infestation which is likely to prevent the management required and the only way to deal with it is by using herbicides, but the agreement does not allow this

You can request a minor and temporary adjustment to the management requirements set out in the agreement by filling in a Minor and Temporary Adjustment form.

Once you have filled in the form, you need to return it to us by email to ruralpayments@defra.gov.uk. If you are unable to download the form, you can call us and request a paper form. We’ll send you a form to fill in and return to us by post.

Permission is not automatic, and we will require a reasonable time to consider any request. During periods of extreme weather where access to forage is severely restricted and the welfare of livestock is at risk, we may be able to provide conditional consent over the telephone or by email. However, this must be followed by a formal written request and permission.

Generally, simple, straightforward cases will be dealt with within 20 working days of receiving your form. We will deal with more complicated cases as quickly as possible, though these may involve contacting you to clarify details.

If you act without written or conditional permission, recoveries and reductions for a breach of agreement may be applied – read section 6.5 for more information.

When looking at your request, we will consider the following:

alternative management – for example in the case of supplementary feeding when there is deep snow on the ground, if there is alternative grazing available, or if the livestock can be moved
the specifics of the minor and temporary adjustment, what adjustment is necessary, where and for what period of time it will apply
the impact of the proposed activity on the payment
the net environmental impact of the proposed activity
evidence from third parties
the administrative cost of making a reduction to the payment (if required)

You will not be reimbursed for any additional management costs that might arise from a minor and temporary adjustment.

We cannot approve a minor and temporary adjustment to an agreement if this is likely to, or will, lead to a breach of legislation, general scheme requirements or eligibility conditions.

If we agree to the suggested minor and temporary adjustment, we will write to or email you with permission. You should keep this approval with your Agreement Document.

6.11 Good reasons for a breach

You may be unable to meet your requirements under the agreement because of exceptional circumstances. If this happens, you must write to tell us, within 8 weeks from the date on which you (or any person authorised to act for you) are able to do so.

You will need to provide written evidence to show:

what has happened
how the event meant you were unable to meet the scheme rules

Good reasons for a breach may include, but are not limited to:

the death of the Agreement Holder
serious illness
a severe weather event
the accidental destruction of capital items connected to your agreement
damage caused by criminality
supply chain issues
an epizootic or a plant disease affecting part or all of your crops, trees or livestock

We will consider the facts to decide whether or not the Agreement Holder is relieved of all or part of their obligations under the agreement, and whether all or part of the grant should be withheld or repaid.

If you are aware of the issue when entering into your agreement, then it is unlikely to be considered a good reason for a breach.

6.12 Disputes, appeals and complaints

If you’re unhappy with the service you’ve received you can submit a complaint.

If you disagree with a decision we’ve made you can ask us to reconsider. If you’re still unhappy with the outcome of our decision, you can appeal.

Follow the RPA complaints procedure to raise a complaint. This also includes information on how to request a reconsideration or submit an appeal.

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Applies to England

5. Scheme requirements and procedures