Wales to lift £100 cap on farm appeals from 2026
From 1 January 2026, the Welsh Government will remove the £100 ceiling on fees for certain farm support appeals and allow ministers to set the charge instead. The Senedd approved the change on 2 December and Welsh Ministers made the regulations the following day, with the instrument published on legislation.gov.uk.
In plain terms, this amends the 2006 appeals rules so that if your case relates to older schemes, the fee is no longer capped at £100. Historically, official guidance set Stage 2 appeal charges at £50 for a written hearing and £100 for an oral hearing. The new law removes that cap for the older schemes so the updated fee can be applied.
You will see the phrase “pre‑2023 Act scheme” in the regulation. That means any scheme that ran under laws listed in sections 16(2), 17(2) or 19(2) of the Agriculture (Wales) Act 2023-covering the Basic Payment Scheme, legislation on CAP financing/monitoring, and rural development support. Think BPS and programmes such as Glastir that sat in the CAP era.
Alongside the legal tweak, Welsh Government has confirmed what people will actually pay from 1 January 2026: £290 for a Stage 2 oral hearing and £220 for a Stage 2 written hearing. These apply to all appellants from that date, while appeals about TB compensation will not see an increase. That confirmation sits in GOV.WALES guidance.
The appeals pathway itself does not change. You still have a two‑stage route-an internal Stage 1 review, then, if needed, a Stage 2 independent panel that recommends a decision to the Welsh Ministers. This two‑stage structure is set out in current GOV.WALES appeals guidance and will continue after 1 January 2026.
Why the higher figures? GOV.WALES explains that the Independent Appeal Panel currently costs around £875 per day for three panel members. Panels can hear about three oral appeals or four written appeals per day. The 2026 fees closely mirror those costs, and Welsh Government states that its own administrative costs are not included.
If you’re appealing a decision from an older CAP‑era scheme-say a cross‑compliance penalty under BPS-the new fees still apply from 1 January 2026. The amendment removes the old £100 limit for those legacy schemes so ministers can set a single fee structure across all schemes. That keeps the process consistent during the transition out of CAP.
A quick refresher on timing and refunds helps with planning. The 2026 guidance says Stage 2 fees will be refunded if an appeal is accepted in full, and the change applies to all appellants from 1 January 2026. If your Stage 2 is listed after that date, budget for the new amount even if the original decision was made earlier in the year.
For context, this is part of Wales’s move from CAP‑style support to the Sustainable Farming Scheme (SFS). BPS continues through 2025 to provide stability, with SFS due to begin from January 2026 and a managed transition thereafter. Statements on GOV.WALES set out that timetable and funding.
If you need to appeal, remember the basics: you have 60 days from the Stage 1 decision letter to request Stage 2; Stage 1 is free; Stage 2 carries the fee above; and you can choose an oral or written hearing. The GOV.WALES appeals guidance remains your step‑by‑step reference for what evidence to submit and how to send payment.
Finally, a civics note for those studying how these rules are made. This change used powers in the Agriculture (Wales) Act 2023 and needed an affirmative Senedd vote. On 2 December the Senedd approved the appeals regulation by 22 votes to 12 with 12 abstentions. The Cabinet Secretary with responsibility for rural affairs, Huw Irranca‑Davies-who also serves as Deputy First Minister-set out the case during the debate and in recent statements.