20. Land at your disposal
For detailed guidance on what constitutes 'eligible land', please see section 21.
If you own the land or are a tenant, the land will be 'at your disposal' when you declare it on your Single Application Form. Whether or not a contract farming arrangement meets the definitions will depend on the details of the working arrangement. If you are in any doubt, please contact your local RPID area office with details of your contract farming agreement.
Where grazing is shared then all claimants must reach a joint agreement on how much of the land they are entitled to declare on their claim. This can be achieved by using the number of livestock units that each will be grazing during the season and apportioning the area of the land accordingly.
The terms of any sub-letting and contractual agreements can have an important effect on your ability to make a claim for payment. You will need to reach a workable agreement that takes into account your responsibility for compliance with the Basic Payment Scheme and your ability to claim entitlements.
We recommend that all parties involved in the agreement include a clear breakdown of responsibility for each of the major Cross Compliance conditions, with a default position that the claimant will be responsible.
In cases where more than one farmer carries out an agricultural activity on the same area of land, it should be made clear in any tenancy agreement who has the land 'at their disposal', and who is entitled to claim payment on it. Arrangements for common grazing in the crofting counties and other common land will continue as normal.
You cannot backdate agreements. You must be able to prove that you have land at your disposal not just through an agreement, but also through your practice on that land.
If we find that you have under declared or over declared land then penalties may apply. For further information on penalties, please refer to our published guidance on Single Application Form which is on the Rural Payments and Services website at https://www.ruralpayments.org