A holiday occupancy condition, as the name suggests, is intended to limit occupancy of a dwelling to people on holiday for short term use, rather than allowing permanent occupation as someone’s home.

This type of condition can be placed on properties which, for various reasons, the Local Planning Authority does not consider to be suitable as someone’s main or sole residence and, as with agricultural occupancy conditions, the wording can vary quite considerably with some being significantly more onerous than others.

As circumstances change, property owners often consider the possibility of removing the holiday occupancy condition so that the dwelling can be (or can continue to be) lived in as someone’s main residence or to make the property more attractive to potential purchasers and maximise the property’s value.

Whilst the majority of our work involves agricultural occupancy conditions, we also deal with holiday occupancy conditions as they are also planning conditions which seek to control how and by whom a dwelling can be occupied. Consequently, there are many similarities in the approach which can be taken when seeking release from them.

Increasingly we are being asked to assist with problematic holiday occupancy conditions and we have successfully removed them from a number of properties. However, as with agricultural occupancy conditions, not every holiday occupancy condition can or should be removed. Each case is different requiring a careful and realistic assessment of the circumstances to be undertaken. Determining whether to proceed with an application for condition removal will be heavily dependent upon the wording of the particular condition, the type of property and how it has been used.

Holiday Occupancy Conditions