The following list is not exhaustive but is intended to provide some examples of Statutory Requirements, Consents and Agreements.
If you are a tenant, you must check the terms of your lease before making an application; you may find that you must obtain your landlord's written consent to certain types of projects.
All works and facilities must comply with the requirements of Health and Safety at Work etc Act 1974.
Where the proposed works affect watercourses, the interests of neighbouring farmers and other parties should be kept in mind, e.g. owners of bridges, pipelines, fishing rights, etc. Before starting work, you must consult these other parties, and Scottish Environmental Protection Agency (SEPA)
It is an offence under the Control of Pollution Act 1974 to discharge trade or sewerage effluent to relevant waters and, in some circumstances, onto or into land without the consent of SEPA. You must consult SEPA if the proposed works involve facilities for effluent disposal, or dirty rainwater collection works. You will require to enclose SEPA's letter of approval with your claim form.
Where water is to be used from a private source, you must obtain from the relevant local authority a certificate to the effect that the private source and supply are satisfactory.
Building works must comply where appropriate with the Building Standards (Scotland) Regulations.
You must notify the local planning authority in all cases where you intend to erect a new building, substantially alter an existing, or change the use of a building, e.g. from an agricultural to a non-agricultural use such as a tea-room or craft shop. Full planning permission is required in respect of a number of these works and you will require to submit the relevant consents with your application for financial assistance.
A fire certificate may be necessary.
If you intend to carry out work close to an oil, water or gas pipeline, you must notify the pipeline owner.
Before carrying out any work at or near overhead electric cables, the appropriate electricity company must be given at least seven days notice of your proposal.
Interference with British Telecom telephone circuits can be caused by mains electric fencing and the associated controller. If you intent to install an electric fencing system, you must produce written evidence that British Telecom has no objection to the work being carried out.
Many ancient monuments are protected by statute, and interference with them may lead to prosecution. These monuments include ancient burial grounds, camps and other earth works, primitive stone structures or listed buildings, and can be of great national importance. If your proposals might interfere with an ancient monument, you should find out well in advance of starting work whether it is protected and, if so, whether there are any objections to your proposals. To do this, contact Historic Scotland, Longmore House, Salisbury Place, Edinburgh, EH9 1SH. Enquiries about inhabited, or potentially habitable, historic buildings should be directed to the local planning authority.
If you propose to fell trees, you should contact the nearest office of the Forestry Commission. You should also check that trees are not protected by a tree preservation order.
The Wildlife and Countryside Act 1981 makes special provision for areas designated as National Nature Reserves and Sites of Special Scientific Interest. If you propose to carry out work in one of these designated areas, and the works could be potentially damaging to its environmental status, you must consult your local SEERAD Area Office. You should also consult your local Scottish Natural Heritage office at an early stage in the planning of your project. Their address and telephone number will be found in the local telephone directory or you may contact Barbara Bremner, Land Use Group Project Officer, Scottish Natural Heritage, Main Street, Golspie, Sutherland KW10 6TG, tel. no: 01847 831843 for general advice. If you propose to carry out work in an area designated as a National Scenic Area, you must consult the appropriate local authority and enclose their response with your application form. Failure to do so may result in refusal of your application.
If you propose to carry out work on a site designated under the Wild Birds Directive or Habitats Directive you should contact your local Scottish Natural Heritage office.
The Agriculture Act 1986 places SEERAD under an obligation to achieve a balance between the interests of agriculture and the conservation of the natural beauty and amenity of the countryside, including its wildlife. This obligation applies whether or not an area is specially designated. If the work you have in mind is likely to create problems in relation to conservation, you should seek advice from your local SEERAD Area Office. The advice of Scottish Natural Heritage should be obtained. For any proposals within a designated Environmental Sensitive Area you are advised to consult your local SEERAD Office.