Sustainable Farming Scheme: derogation or enquiry form

The ‘Sustainable Farming Scheme (SFS) – derogation or enquiry form’ will be available from 31 December 2025 to deal with any scheme requirements related issues or specific question(s) relevant to your holding and farming business.

You will be able to complete the derogation or enquiry form via your RPW Online account to request a derogation or submit an enquiry in relation to:

• SFS Universal Layer
• SFS Optional Layer
• SFS Collaborative Layer

A derogation is a temporary exemption allowing you to deviate from one or more of the scheme requirements.

It is appropriate in circumstances beyond your control, for example, extended periods of extreme weather, issues related to tenancies or where there are risks to animal welfare or health and safety.

We will aim to reply to every request within 10 working days of receiving all the necessary evidence, in the form of supporting documents, to fully consider your situation. A response will be issued on your RPW Online account.

You will have the ability to submit multiple requests if you have identified potential issues in meeting the requirements across the different elements within the scheme, including Universal Actions.

See Annex A for details relating to potential derogations within the Universal Layer and examples of supporting documentation required.

Please note

If there are events or circumstances that affect farmers across Wales or in a given region (e.g. severe drought) Welsh Government may issue blanket derogations. In these circumstances, you will be notified of the specific derogation and to which requirements it applies. You will not be required to submit a separate derogation request for your farming business.

If you have a query regarding the SFS Universal Layer which is not covered by the scheme guidance, you will be able to submit an enquiry on the form. You will need to provide a clear, concise and detailed explanation of your enquiry. 

An enquiry response will be issued on your RPW Online account, and we will aim to reply to every enquiry within 5 working days. 

You will have the ability to submit multiple requests if you have additional enquiries

If you have a query regarding the SFS Universal Layer which is not covered by the scheme guidance, you will be able to submit an enquiry on the form. You will need to provide a clear, concise and detailed explanation of your enquiry. 

An enquiry response will be issued on your RPW Online account, and we will aim to reply to every enquiry within 5 working days. 

You will have the ability to submit multiple requests if you have additional enquiries.

The SFS - Universal Layer – Guidance 2026 sets out all the requirements relating to the Universal Layer of the scheme.

Where you may be unable to meet one or more scheme requirement, and an exemption has not already been set out in the guidance, a derogation can be requested. You will need to provide: 

1. Details of the requirement you cannot meet
2. Reason for derogation request
3. Location of the derogation
4. Supporting evidence, where applicable

Please note 

• derogation requests will only be considered where you can demonstrate why you are unable to meet the requirement. Each case will be considered individually and may involve consulting with external bodies e.g. Natural Resources Wales
• whilst awaiting approval of a derogation, you must not take any action related to that request. When the derogation has been considered a response confirming the outcome will be issued on your RPW Online account
• this derogation process should not be used for UA10: Trees and Hedgerow planting Opportunity Plan at this point in time
  
  The plan must be completed by all applicants and will be available via RPW Online, with accompanying ‘How to Complete’ guidance from Summer 2026, where you will be guided through a series of questions about the outcomes you want to achieve and any restrictions that may apply to planting. 
   
• additional guidance for tenanted land at Annex B

Details of the requirement you cannot meet

If your farm is predominantly habitat, and you are unable to meet the specific Universal Action (UA) 5: Habitat maintenance requirements you will be able to request an advisory visit (fast-tracked for those over 90% habitat) to consider any impediments, solutions and potential derogations to help you meet the Universal Action. 

Several other areas are highlighted within the guidance, where derogation could apply, examples include:

• scheme-wide: any universal code or action where compliance is impossible
• Universal Code: soil, biodiversity, trees, landscape features
• UA9: woodland maintenance
• UA10: Tree and Hedgerow Planting Opportunity plan
• UA11: historic environment

More specific examples include where sward heights for habitat or the establishment of temporary habitats cannot be achieved due to prolonged adverse weather conditions, or  not being able to meet sward heights on marshy grassland due to large number of wild geese grazing the area.   

Reason for derogation request

If submitting a request, please consider why the need for a derogation, are you unable to meet a specific scheme requirement due to, for example: 

• extreme weather or natural events
• tenancy restrictions or lack of landlord consent
• health and safety or animal welfare concerns
• land sensitivity (e.g. designated sites, peatland)

Please check if an automatic exemption already exists (e.g. 10-month rule for new tenancy) before submitting your request

Location of the derogation

You should list the field parcels and lactation to clearly show where the derogation would apply on your holding.

Supporting evidence (upload files if required)

You will also be able to submit supporting documentation and/or you may be requested to submit additional evidence to support your request, depending on the circumstances. Types of evidence could include:

• tenancy agreement or landlord letter (if tenancy-related)
• photos, maps, or ecological reports (if habitat or land sensitivity)
• vet or professional advice (if animal welfare-related)

NRW correspondence (if designated site consent issues). The derogation request will not be considered until we have received all relevant supporting documentation.

You will have 14 days from submission to submit your supporting documentation, where applicable. If the documentation is not received within this time, your request will be closed.

The scheme has been designed so tenants can take part easily, without the need for specific derogations. However, we encourage all tenant farmers and landlords to work together to unlock the benefits of all the Universal Actions.

The Universal Layer guidance highlights areas where land can be claimed and managed without breaking tenancy agreements. Examples of these include:

Eligibility 

An initial derogation from the 10‑month rule is available where you have taken on land under the terms of a new tenancy of three years or longer, which began after 28 February 2026 but before 15 May 2026.

UA6: temporary habitat creation on improved land  

For farms that do not have enough semi-natural habitat, broadleaf woodland, or qualifying hedgerows to meet the 10% habitat requirement, must create temporary habitat annually.

UA9: woodland maintenance

Provides details on compliance in relation to Woodland and Tree Reservations within Tenancy Agreements. It also highlights the scenario where you may need to seek a derogation from specific requirements relating to the trees directly, should the landlord wish to take action that is not permitted. 

UA10: Tree and Hedgerow Planting Opportunity plan

The Tree and Hedgerow Planting Opportunity plan seeks to identify where planting can improve farm resilience, provide shelter for livestock, enhance biodiversity, and help tackle climate change. The planning process will take into consideration any sensitivity or constraints on land.

Once you have completed the plan, a summary of the areas of new trees and length of hedges you have mapped will be provided. If any planting has been identified on tenanted land, we would encourage you to discuss with your landlord to unlock the benefits of tree planting whilst respecting the tenancy agreements and long-term land management goals.