How to apply for consent where a Rural Area Restriction applies

1. Please read this guidance and the Frequently Asked Questions.

2. Check whether the property is subject to the rural areas covenant. You can do this yourself, or ask your solicitor to do it for you, by making a search at the Land Registry. This will provide the information that you need.

The Council is not able to supply this information.

3. If the property is subject to the rural area restriction you need consent to sell it from:

• West Devon Borough Council for properties sold before 22 February 1999
• LiveWest for properties sold after 22 February 1999

4. You can apply to the Council for consent by

• Asking your solicitor to complete a s157 certificate or
• Completing a Statutory Declaration (PDF) [196KB] (opens new window)  and attach two forms of supporting evidence. This must show that the person(s) buying the property have lived and/or worked in Devon continuously for the past three years immediately prior to the sale. Examples of evidence you could use are:
  • Utility bills (covering the whole of the last 3 years)
  • Council Tax Bills (covering the whole of the last 3 years
  • Certificate of Residency letter from Electoral Registration records
  • Letter from your employer confirming continuous employment in Devon for the last 3 years

5. Once we are satisfied that the criteria for the rural area covenant has been met, we will issue a Letter of Consent to transfer the property.

6. If you cannot meet the criteria, and we are not able to consent to the sale, we will inform you.