In a press release dated 30 June 2025, the Environment Agency announced that they are doubling the funding for inspections of farms “as part of a wider drive to help farmers slash agricultural pollution”. But what will that mean practically for farmers?
This extra funding will mean an increase in the number of farm inspections by around 50%, up to a record 6,000 inspections by 2029. There are currently 209,000 farm holdings in the UK, with 102,400 of those in England (figures from 2023). Therefore, 6,000 seems a relatively low number. But it is now twice as likely that any farm will be inspected compared to this time last year.
The EA will (or should) target their inspections on high-risk farms – those which are most likely to be responsible for pollution – such as dairy farms in Nitrate Vulnerable Zones, those close to major water sources, those with a history of non-compliance and those which have been reported as causing pollution by members of the public.
The vast majority of cases we deal with have originally come about because a nosy member of the public has made a complaint, prompting a regulatory visit to that farm. Once the EA or other inspector is on your farm, they can and will look at everything and they are likely to find an issue somewhere.
The best thing you can do to prepare for an EA inspection is to learn about the environmental rules which apply to you and comply with them as far as you can. Getting expert advice from an agronomist, your land agent, an environmental consultant or a solicitor can save you a lot of aggro and costs down the line. It should be borne in mind that many environmental breaches carry an unlimited fine on conviction and so there is a real risk of a significant financial penalty if you are found to be in breach of any rules.
Usually, the EA will provide advice and guidance as a first step, most commonly through a formal written letter explaining what you need to do to comply and giving you a realistic deadline to do so. However, if you do not comply then they will escalate the enforcement process which could lead to enforcement notices, criminal investigations and prosecutions.
We frequently see inappropriate enforcement action by the EA and accordingly whilst we would always encourage you to co-operate we would actively discourage you from blindly following the regulator’s advice.
If an EA inspector turns up on your farm, you should:
- Stay calm. Getting angry not only looks suspicious but will affect your ability to provide clear answers.
- Be co-operative. Remember obstructing an inspector in the course of their duties is a criminal offence in and of itself. If you are unsure as to whether what is being asked of you is correct, get legal advice.
- There is no requirement for you to incriminate yourself under English law. If you’re worried you may have done something wrong, but the EA doesn’t appear to have evidence of it, and/or they do not specifically ask you to provide the documents or show them that piece of land, you do not need to volunteer the information.
- Keep records. Soil samples, photographs and a diary of the actions e.g. for fertilising or manure spreading are particularly useful. You don’t need to have top of the range sophisticated record systems, although these will be helpful for larger farming businesses and farms.
- Contact a specialist. If you receive any written advice and/or other enforcement action then contact a specialist environmental law solicitor for advice.
Prevention is always better than cure, so get advice on environmental requirements, do your due diligence, comply with the law and if the worst happens call your solicitor.
If you have any concerns or queries, or have been inspected by the EA, please contact our Regulatory Team who will be happy to help.