52fish Posted December 31, 2010 Share Posted December 31, 2010 Hi there Can anyone tell me the best way to find out whether there is a restriction on keeping chickens at a specific address? And secondly, if lifestock is not allowed, can you get round it by keeping a small number (say 4) as pets? I ask this because presumably rabbits are accepted as pets, and you could breed those for meat. We're simply after a small group of friendly chickens for the eggs and the company / entertainment they provide. Thanks in advance for the help! Jaedon Quote Link to comment Share on other sites More sharing options...
sjp Posted December 31, 2010 Share Posted December 31, 2010 the allotment act section 12. been an act of parliment is only over ruled by a European parliment directive http://www.legislation.gov.uk/ukpga/Geo6/14/31 the only restriction is on roosters but thats under noise pollution regs Quote Link to comment Share on other sites More sharing options...
52fish Posted December 31, 2010 Author Share Posted December 31, 2010 Wow - That's great news and really puts my mind at rest! Thanks. Looks like we'll be joining the chicken keeping community real soon. Jaedon Quote Link to comment Share on other sites More sharing options...
Patricia W Posted December 31, 2010 Share Posted December 31, 2010 it always helps if you talk to the neighbours about the nice eggs they could have ... Quote Link to comment Share on other sites More sharing options...
sjp Posted December 31, 2010 Share Posted December 31, 2010 one thing I didn't do was tell the neighbours. took the one best part of 3 months to find out they live right next door Quote Link to comment Share on other sites More sharing options...
52fish Posted December 31, 2010 Author Share Posted December 31, 2010 I suspect the prospect of free eggs could make quite a difference to their reaction Thanks again! Jaedon Quote Link to comment Share on other sites More sharing options...
THF Nick Posted December 31, 2010 Share Posted December 31, 2010 You should also check there is no restriction (restrictive covenant) in your title deeds against keeping poultry. If there is, you need to check whether the person/company who put the covenant in place is still alive/operating. If not, there shouldn't be a problem but, if you're in a fairly new property, the developer may still be in business and could take action against you if they found out. If you haven't got the deeds and the property is registered, you can get a copy from the Land Registry website for £4.00. Quote Link to comment Share on other sites More sharing options...
Redwing Posted December 31, 2010 Share Posted December 31, 2010 As long as its not a rented/housing association house then I wouldnt probe in to the details - then you can plead ignorance Quote Link to comment Share on other sites More sharing options...
sjp Posted December 31, 2010 Share Posted December 31, 2010 You should also check there is no restriction (restrictive covenant) in your title deeds against keeping poultry. If there is, you need to check whether the person/company who put the covenant in place is still alive/operating. If not, there shouldn't be a problem but, if you're in a fairly new property, the developer may still be in business and could take action against you if they found out. If you haven't got the deeds and the property is registered, you can get a copy from the Land Registry website for £4.00. the allotment act superceeds them. when I first looked into keeping chickens I asked a contacted at the council on the QT they can't even stop council tenants from keeping chickens that also when I found out that the alottment's rule on no live stock was uninforceable there also a couple of cases the year before last when houseing groups had to back down when the act was mentioned Quote Link to comment Share on other sites More sharing options...
Wolfie Posted December 31, 2010 Share Posted December 31, 2010 the only restriction is on roosters but thats under noise pollution regs We have recently acquired an Ixworth cockerel, Santa, who was intended to join us at the table for Christmas. We thought that the neighbours would pull faces over the cock-a-doodling. But no, they heard about his destiny and they organised a petition S.O.S. - "Save Our Santa". Ixworths are supposed to be the best table bird ever. We probably will never know now .... Quote Link to comment Share on other sites More sharing options...
migsy Posted December 31, 2010 Share Posted December 31, 2010 the only restriction is on roosters but thats under noise pollution regs We have recently acquired an Ixworth cockerel, Santa, who was intended to join us at the table for Christmas. We thought that the neighbours would pull faces over the cock-a-doodling. But no, they heard about his destiny and they organised a petition S.O.S. - "Save Our Santa". Ixworths are supposed to be the best table bird ever. We probably will never know now .... Quote Link to comment Share on other sites More sharing options...
Lavenders_Blue Posted December 31, 2010 Share Posted December 31, 2010 I'm prepared to be proved wrong on this, but I strongly suspect that the Allotments Act only applies to allotments (hence the name) and not domestic properties as they are not allotment land. In the same way that the Sale of Goods Act only applies to the sale of goods and not items that are given away. Surely there would be no point in including restrictive covenants in house deeds if this was the case? Quote Link to comment Share on other sites More sharing options...
sjp Posted December 31, 2010 Share Posted December 31, 2010 I'm prepared to be proved wrong on this, but I strongly suspect that the Allotments Act only applies to allotments (hence the name) and not domestic properties as they are not allotment land. In the same way that the Sale of Goods Act only applies to the sale of goods and not items that are given away. Surely there would be no point in including restrictive covenants in house deeds if this was the case? this is the actual section Abolition of contractual restrictions on keeping hens and rabbits 12 Abolition of contractual restrictions on keeping hens and rabbits. E+W.(1)Notwithstanding any provision to the contrary in any lease or tenancy or in any covenant, contract or undertaking relating to the use to be made of any land, it shall be lawful for the occupier of any land to keep, otherwise than by way of trade or business, hens or rabbits in any place on the land and to erect or place and maintain such buildings or structures on the land as reasonably necessary for that purpose:. Provided that nothing in this subsection shall authorise any hens or rabbits to be kept in such a place or in such a manner as to be prejudicial to health or a nuisance or affect the operation of any enactment. Quote Link to comment Share on other sites More sharing options...
Egluntyne Posted December 31, 2010 Share Posted December 31, 2010 Doesn't the Allotment Act apply to allotments and not back gardens? Quote Link to comment Share on other sites More sharing options...
Redwing Posted December 31, 2010 Share Posted December 31, 2010 The Allotment Act does seem to be the trump card but its fallen down a couple of times at least so it cant be without loopholes - the location that it was intended to refer to when being drawn up seems to be the weakness as Egluntyne suspects Quote Link to comment Share on other sites More sharing options...
sjp Posted December 31, 2010 Share Posted December 31, 2010 it says any land not allotments I'm prepared to be proved wrong on this, but I strongly suspect that the Allotments Act only applies to allotments (hence the name) and not domestic properties as they are not allotment land. In the same way that the Sale of Goods Act only applies to the sale of goods and not items that are given away. Surely there would be no point in including restrictive covenants in house deeds if this was the case? this is the actual section Abolition of contractual restrictions on keeping hens and rabbits 12 Abolition of contractual restrictions on keeping hens and rabbits. E+W.(1)Notwithstanding any provision to the contrary in any lease or tenancy or in any covenant, contract or undertaking relating to the use to be made of any land, it shall be lawful for the occupier of any land to keep, otherwise than by way of trade or business, hens or rabbits in any place on the land and to erect or place and maintain such buildings or structures on the land as reasonably necessary for that purpose:. Provided that nothing in this subsection shall authorise any hens or rabbits to be kept in such a place or in such a manner as to be prejudicial to health or a nuisance or affect the operation of any enactment. Quote Link to comment Share on other sites More sharing options...
Redwing Posted December 31, 2010 Share Posted December 31, 2010 Agreed it does but I think its the definition of 'land' that may be the problem When you buy a house with a standard garden its not advertised as a 'house with land' 'land' is more usually used to describe a space bigger than a regular garden or an area not connected to a house I agree with the spirit of the act and hope that people can use it to their advantage I'm just saying that its open to interpretation Quote Link to comment Share on other sites More sharing options...
THF Nick Posted January 1, 2011 Share Posted January 1, 2011 Having spent a while trawling Google, I have now read through the debate from 1950 about this clause and it would appear that it is intended to apply to any land, not just allotments. If you're a bit sad like me, you can read it here http://hansard.millbanksystems.com/commons/1950/jun/21/allotments-bill#S5CV0476P0_19500621_HOC_343 Quote Link to comment Share on other sites More sharing options...
Redwing Posted January 1, 2011 Share Posted January 1, 2011 But the act is also headed by the single word 'Allotments' and also contains this: The foregoing provisions of this Act shall not apply to any parcel of land attached to a cottage The confusion I think stems from how very hard the act is to understand, its not well written at all Like I said, I hope people can use the act to theiir advantage, I'm just saying its not the trump card that its often quoted to be! Quote Link to comment Share on other sites More sharing options...
Trougher Posted January 1, 2011 Share Posted January 1, 2011 I checked with my local council before getting chickens. They didn't have any problem, but I seem to remember reading somewhere that some councils do object. Quote Link to comment Share on other sites More sharing options...
migsy Posted January 1, 2011 Share Posted January 1, 2011 It would be interesting to know if there is any case law on this issue. Are there any lawyers out there? Quote Link to comment Share on other sites More sharing options...
Egluntyne Posted January 1, 2011 Share Posted January 1, 2011 I think a decent barrister would drive a coach and horses through the Allotments Act if it was used by someone who wanted to wave it about in the face of any covenants or restrictions on private property, should you be unlucky enough to be taken to court over it. I'd check the terms of your lease etc (I'm not allowed to sell alcohol or keep a 'disorderly house' ) and check your local byelaws (without identifying yourself!) and see how things stand. If you are a tenant you might find things there are more obstacles than if you are a house owner, but as chicken keeping is pretty mainstream nowadays, you may find no problems at all. Quote Link to comment Share on other sites More sharing options...
the-real-tinkerbell Posted January 1, 2011 Share Posted January 1, 2011 i rented my house from the council before i brought it under the right to buy . when i asked about keeping chickens .they said it was fine but they wanted to see how they were kept .ie come round and have alook that i didnt have 100s of smelly chooks in a tiny garden i sent them a pic of my 150ft garden with the cube and wir and this is the reply i got Dear MRS ******** RE PERMISSION TO KEEP CHICKENS Further to your recent request, I hereby grant permission for chickens to be kept at your property. Permission is granted on the basis that you do not have a cockerel, that the chickens are kept in suitable conditions and that the area is kept clean so that vermin are not attracted. I would also add that this should not cause any nuisance to neighbours or other residents, and should this be the case, I would request that the chickens be removed. If you have any questions or wish to discuss this matter further please contact me on 01530 ******or email ****************.gov.uk my neighbours are not a issue as when i moved my chickens of fate in with my big girls the lady next door asked if she could buy my classic ,i had to beat her off with a stick lol i take her a dozen eggs every so often and she brings me veg from her garden ,it works well for us Quote Link to comment Share on other sites More sharing options...
Olly Posted January 1, 2011 Share Posted January 1, 2011 There's a whole thread on legalities here and the question of the Allotments Act is covered there. There is no case-law on it as far as I know, and very little case-law on chicken/livestock definitions in general, and it would be risky to rely on it if you know that there are restrictions on the property where you live. Most of us find that neighbours are more curious than complaining. If you live in a built-up area though, keeping a cockerel is just not fair on the neighbours and is likely to lead to complaints and a visit from Environmental Health. Quote Link to comment Share on other sites More sharing options...
migsy Posted January 2, 2011 Share Posted January 2, 2011 If there is no case law, then I assume that it is not worth taking people to court? Also, having just sold my house, it seems to me that covenant holders are generally only interested in making money and it may be the case that you could pay the holder to lift the restriction. I also found that, generally, if you are in breach of a restrictive covenant for over 20 years then it can't be enforced, although I doubt that many of us have had hens for that long. When I sold my house I found that I had breached covenants by doing some alterations to it. £150 secured approval. Quote Link to comment Share on other sites More sharing options...
