2026 BISS requires expiry dates on land rental/leases

The Department of Agriculture has this week announced the opening of the 2026 Basic Income Support for Sustainability (BISS) and other 2026 area-based schemes application window. The online portal to complete applications has opened with immediate effect and will remain open until 15 May 2026.

15 May is also the deadline for BISS 2026 entitlement related applications including the 2026 transfer of entitlements application and the online application for the National Reserve and Complementary Income Support for Young Farmers.

Notable changes

While the 2026 application process is broadly similar to previous years, there are a few notable differences to take account of. The first of these is a requirement to enter an expiry date on land rental agreements or land leases. This is a mandatory field to enter in the land use category and the application cannot be progressed without a date being entered.

Documentation to denote that a rental or land lease agreement is in place does not need to be uploaded with the application but the Department of Agriculture recently informed Farm Advisory System (FAS) advisers that evidence needs to be available to denote that an agreement is in place.

As such, FAS advisers submitting an application on a farmer’s behalf will likely be asking applicants to provide evidence of a rental or lease agreement where such lands are concerned. The Department states that this action is being taken to ensure that lands are not being fraudulently claimed upon.

It adds that it is not trying to do away with agreements that do not have paperwork available. It explains that they will still work with farmers that have legitimate rental agreements in place without paperwork citing examples such as family agreements or long standing word-to-word agreements in place.

In such a case where evidence is required, it could involve a Department of Agriculture representative speaking directly with the owner to confirm that the applicant has the right to claim the lands.

Advisers are recommended to take actions to ensure an agreement is in place before submitting the application where no evidence is provided at application stage or take the necessary steps to ensure any outstanding evidence is documented in the application to protect themselves from submitting applications where lands are being falsely claimed.

Milking platform

Another new feature of the application process is the requirement for dairy farmers to identify their milking platform.

This is denoted by any holding identified as supplying milk. This data is also required on the land use information for each LPIS parcel under the dropdown of ‘agricultural activity’.

There are three options – identify the parcel as the milking platform, other or no agricultural activity.

For lands to be classified as the milking platform they must be in the vicinity of the dairy with a maximum distance of 3km used as the outer limit which can be accepted.

This information will in turn be used as the basis for determining the milking platform for the new requirement introduced under the sixth Nitrates Action Plan to move organic nitrogen produced by dairy cows on the holding to outside of the milking platform based on annual milking platform stocking rate and chemical nitrogen allowance for the milking platform.

Eco scheme eligibility

The Department of Agriculture previously wrote to about 5,000 farmers in mid-January informing them that from the 2026 scheme year onwards, the space for nature percentage on some farms will change because landscape features located adjacent to artificial or manmade features within an eligible hectare will no longer receive credit in terms of space for nature.

A zero value will be applied and a visible white line on LPIS maps will indicate where such features, such as hedgerows, trees or stone walls, were located adjacent to a farmyard, recreational areas, buildings, gardens, car parks, rail verges etc and previously received credit.

If this results in a farmer not meeting their space for nature targets in previous years, there will be no bearing on those scheme years (2023-2025) or eco scheme payments received in those years.

The options available to applicants who are falling below the space for nature target are to map additional existing features on your farm that are currently not mapped or to assess if areas marked in a white line should be mapped as eligible (for example where land is owned /controlled on the opposite side of the farmyard). This will be covered in detail next week.

Alternatively, another eco scheme measure such as Agricultural Practice 2 – extensive livestock production may suit.

Tree/hedgerow planting

Staying with eco schemes from 2026, any applicant wishing to participate in action 4 – planting of native trees and hedges must provide proof of purchase of the trees/hedgerows at the time of submission of the 2026 eco scheme application.

Failure to upload the relevant document at the time of application will result in this action being ineligible in 2026 and as such a dropped action penalty. The receipt for the purchase of native trees/hedging must be dated between 20 November 2025 and the date of your 2026 BISS application, with planting required by the BISS date.

Scheme selection/parcel use

The BISS application has in recent years been the application for the Multispecies Sward Measure and the Red Clover Sward Measure. The Department has told the Irish Farmers Journal that these schemes are currently under review and as such do not feature as a scheme option.

A Department spokesperson said: “The Department is currently undergoing an evaluation of the effectiveness of the Multi-Species Sward Measure and the Red Clover Silage Measure. Until the review is complete applications under both schemes will be paused and applications will not be accepted for 2026.”

BISS payment entitlements

In announcing the opening of the BISS application window the Department of Agriculture confirmed that the “current CAP cycle is due to close at the end of 2027 and that the draft regulations from 2028 do not currently contain provision for the continuation of the system of payment entitlements.” It advised farmers who are considering the transfer of payment entitlements for 2026 and future years to note this significant change.

This is almost certain to alter the value of entitlement transfers by means of sale in 2026 with many auctioneers and those specialising in the trading of entitlements noting that to date there has been no value established for the sale of entitlements.

The Irish Farmers Journal understands that the Department of Agriculture has applied to the European Commission to remove the 20% clawback rule on the sale of entitlements without lands for the remainder of the CAP Strategic Plan.

ACRES clients

The Department has also advised that some farmers participating in the Agri-Climate Rural Environment Scheme (ACRES) will not be able to complete their BISS application immediately. It said: “As is customary at the opening of the applications window, certain groups of applicants will not be able to apply. This year, some ACRES applicants will not be able to apply for the first few weeks to ensure that the farmer and adviser have access to all relevant information when submitting the BISS application.

This helps to ensure that the Department can process all applications under these schemes as efficiently as possible. These restrictions on applications will lift with ample time to allow all applications to be made before the closing date.”

Make contact early

Minister for Agriculture Martin Heydon is advising farmers to make use of the opening of the application window and where possible to submit applications early or at least start the process. “Where farmers make use of advisory services to submit their form, I urge them to engage early with their adviser, to avail of the opening of the application process now rather than waiting until nearer the closing date.”

The Department of Agriculture is also advising all applicants to ensure they have “applied for the Areas of Natural Constraints (ANC), Eco-Scheme, and continued participation in Complementary Income Support for Young Farmers, if applicable. Annual payment claims for the Straw Incorporation Measure (SIM); Agri-Climate Rural Environment Scheme (ACRES) and the Organic Farming Scheme can also be made online”.

Finally, tillage farmers are advised to carefully read the terms and conditions in light of changes around (Good Agricultural and Environmental Conditions) GAEC 7 - crop rotation and diversification in arable lands.