Understand farm rules after cross-compliance ended

What changed when cross-compliance ended

Cross-compliance was a payment-linked enforcement system. If you received BPS, you had to meet Good Agricultural and Environmental Condition (GAEC) standards and Statutory Management Requirements (SMRs). Breach them, and your payment was reduced by 1% to 100% depending on severity.

When BPS ended on 31 December 2023 and was replaced by delinked payments, this payment-linked enforcement ended too. England did not replace it with a "conditionality" regime - there are no GAEC or SMR standards in England any more. Delinked payments are not conditional on meeting any standards - they are simply transitional payments based on your historic BPS claims, phasing out by 2027.

What farmers must follow now is a combination of domestic baseline law - including the Farming Rules for Water, Nitrate Vulnerable Zone rules, the Management of Hedgerows (England) Regulations 2024, environmental permits, and animal identification law - and, for those in schemes, the terms of their scheme agreements.

The rules that underpinned cross-compliance did not go away. They were always statutory requirements in their own right. Cross-compliance was simply an additional enforcement layer on top of existing law.

Rules that still apply - the underlying legislation

Every GAEC standard and SMR was based on existing legislation. That legislation still applies to all farms, whether or not you receive any government payments:

Environmental rules

• Water pollution prevention: The Farming Rules for Water (2018) and Environmental Permitting Regulations prohibit polluting watercourses - this applies regardless of any scheme
• Nitrate Vulnerable Zones: If your land is in an NVZ, all nitrogen application limits and closed periods still apply under the Nitrate Pollution Prevention Regulations
• Hedgerow management: The Management of Hedgerows (England) Regulations 2024 (in force since 23 May 2024) require a 2-metre buffer strip measured from the centre of the hedgerow - with no cultivation and no pesticide or fertiliser application within it - and ban cutting or trimming hedgerows between 1 March and 31 August (with limited exceptions and RPA derogations, including August cutting for oilseed rape or temporary grass with notification). The RPA enforces these rules through civil sanctions
• Hedgerow removal: You still need permission to remove hedgerows under the Hedgerows Regulations 1997
• SSSI management: Sites of Special Scientific Interest remain protected under the Wildlife and Countryside Act - you cannot damage them or carry out operations without Natural England consent
• Pesticide use: All pesticide regulations continue to apply, including certification requirements for operators

Animal health and welfare rules

• Animal identification: Cattle, sheep, goat, and pig identification requirements continue under species-specific legislation
• Movement reporting: All livestock movement reporting obligations remain in force
• TB testing: Bovine TB testing requirements are unchanged - these are statutory, not scheme-related
• Welfare standards: Animal Welfare Act 2006 requirements apply to all livestock keepers
• Notifiable diseases: You must still report notifiable diseases immediately

Land management rules

• Soil protection: The Farming Rules for Water include requirements to avoid soil erosion and run-off
• Landscape features: Many landscape features remain protected under planning law and environmental legislation
• Public rights of way: Obligations to maintain rights of way across your land continue

Who enforces what now

With cross-compliance gone, enforcement has shifted fully to the regulators who always had statutory responsibility. The key change is that breaches now result in regulatory action (warnings, improvement notices, prosecution) rather than payment reductions.

Enforcement in practice

Each regulator has its own enforcement approach:

• Environment Agency: Uses an advice-led approach for most farm issues. First visits typically result in advice and guidance rather than immediate penalties. However, serious pollution incidents can lead to prosecution with unlimited fines
• Natural England: Works through consent systems for SSSIs and protected areas. Unauthorised operations can lead to prosecution
• APHA: Animal health enforcement is statutory and less flexible - TB testing failures and disease control non-compliance are treated seriously
• Local authorities: Trading standards and environmental health officers handle food safety and some welfare matters

The advice-led approach means regulators aim to help you correct issues before penalties apply. The RPA also enforces the Management of Hedgerows (England) Regulations 2024 through civil sanctions, and enforces scheme agreement terms for farmers in SFI or Countryside Stewardship.

What replaced cross-compliance

England did not introduce a "conditionality" regime to replace cross-compliance. What replaced it is a combination of two things:

• Domestic baseline law that applies to every farm - the Farming Rules for Water, Nitrate Vulnerable Zone rules, the Management of Hedgerows (England) Regulations 2024 (2-metre buffer strips and the 1 March to 31 August cutting ban, enforced by the RPA through civil sanctions), environmental permits, and animal identification and welfare law.
• Scheme agreement terms - if you are in the Sustainable Farming Incentive, Countryside Stewardship, or another agreement, you must deliver what your agreement says. The RPA takes an advice-led approach, but breach of agreement terms can lead to payment recovery or termination of the agreement.

What this means in practice

For most farmers, the practical impact of cross-compliance ending is:

Less paperwork

You no longer need to demonstrate compliance to the RPA specifically for payment purposes (unless you are in SFI or CS). However, you should still keep good records for your own protection if a regulator visits.

Same environmental standards

The buffer strips, soil cover requirements, hedgerow protections, and water pollution rules remain. You should continue following the practices you did under cross-compliance.

Different consequences for breaches

Instead of a percentage deduction from your BPS payment, breaches can now result in:

• Advice and guidance (first instance, minor issues)
• Formal warnings
• Improvement notices requiring action within a set timeframe
• Enforcement notices
• Prosecution for serious or repeated breaches (unlimited fines for some environmental offences)

The advice-led approach

Defra has committed to an advice-led approach to farm regulation. This means:

• Inspectors aim to help you understand and correct issues
• Minor first-time breaches typically result in advice, not penalties
• You usually get an opportunity to put things right before enforcement action
• Prosecution is reserved for serious, deliberate, or repeated non-compliance

This approach has significantly improved farmer-regulator relationships since the 2018 reforms.

Common misconceptions

"No cross-compliance means I can remove or cut hedgerows freely"

Incorrect. Hedgerow removal is controlled under the Hedgerows Regulations 1997, entirely separate from cross-compliance. You still need local authority permission to remove most hedgerows, and removal without permission can result in prosecution and mandatory replanting. In addition, the Management of Hedgerows (England) Regulations 2024 ban cutting or trimming hedgerows between 1 March and 31 August and require 2-metre buffer strips, enforced by the RPA through civil sanctions.

"I don't need to maintain buffer strips any more"

Incorrect. The Farming Rules for Water (2018) require you to take all reasonable precautions to prevent agricultural pollution. Buffer strips alongside watercourses remain a key requirement regardless of any payment scheme.

"Animal movement reporting was only for BPS"

Incorrect. Livestock movement reporting is a statutory requirement under animal health legislation. It has nothing to do with payment schemes and continues to be enforced by APHA.

"The Environment Agency can only advise, not prosecute"

Incorrect. While the EA takes an advice-led approach, it retains full prosecution powers. Serious pollution incidents, deliberate breaches, or ignoring previous advice can all lead to prosecution with unlimited fines.

Preparing for regulatory visits

Even without cross-compliance inspections, you may receive visits from various regulators. Good preparation includes:

1. Keep records of fertiliser and manure applications – Maintain dated records of what you applied, where, and how much. This demonstrates you are managing nutrients responsibly if questioned about water quality.
2. Document your livestock movements – Ensure all BCMS, ScotEID, Livestock Information Service (LIS), or eAML2 movement records are up to date. Missing or late movement reports remain an offence.
3. Maintain TB testing records – Keep all TB test certificates and ensure testing is done on schedule. TB testing failures are taken very seriously by APHA.
4. Photograph buffer strips and landscape features – Dated photos can demonstrate your ongoing compliance with water protection and landscape feature retention requirements.
5. Keep pesticide application records for 3 years – These are a legal requirement and may be requested by HSE, Environment Agency, or trading standards officers.
6. Know your NVZ status – If your land is in a Nitrate Vulnerable Zone, ensure you are complying with the additional nitrogen limits and closed periods that apply.