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    • thenpaking
    • By thenpaking 18th Oct 16, 9:12 AM
    • 25Posts
    • 1Thanks
    thenpaking
    Live/Work Unit: Condition in Lease
    • #1
    • 18th Oct 16, 9:12 AM
    Live/Work Unit: Condition in Lease 18th Oct 16 at 9:12 AM
    I am trying to buy a flat designated as a Live/Work unit. The lease says it cannot be used either wholly residentially or wholly for business (B1) purposes. My solicitor is insisting the seller get planning permission to re-zone it, and have the lease varied. He says that I could be forced to sell the flat if the council slap an enforcement notice on me. Or that the lease could be forfeited by the landlord because I am in breach.
    Catastrophic as these situations both are, are either of them likely? If my mortgage lender is happy to lend, should I just plough on and sort this out myself at a later date? I am concerned that the seller may abandon the sale due to the cost or time to sort this out.
Page 2
    • AdrianC
    • By AdrianC 18th Oct 16, 1:54 PM
    • 12,118 Posts
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    AdrianC
    the point was, I didn't know it was a live/work until until my solicitor brought this to my attention.
    Originally posted by thenpaking
    At which point, you could and should have walked away from it, since it's clearly not suitable for your requirements. Continuing to follow through on the purchase is throwing good money after dead, in the hope that the council have changed their mind on what they thought were good reasons at the time they put the planning conditions in place.
    • Fuzzyness
    • By Fuzzyness 18th Oct 16, 2:17 PM
    • 514 Posts
    • 371 Thanks
    Fuzzyness
    interesting one. live/work units were certainly of their time and whilst you dont really see them at all these days, if you have a house with a specific planning condition you may need to do something with it. it all depends on the wording of that planning condition which will set how the house can or cannot be used. without knowing what it says, its hard to suggest how you approach it. one or other its likely that you will need to submit an application to vary or delete the condition.

    should add this only takes 8 weeks and isn't very expensive (a couple of hundred quid). not guaranteed you'll get what you want but its certainly a way forward if you choose to take it.
    • thenpaking
    • By thenpaking 18th Oct 16, 2:18 PM
    • 25 Posts
    • 1 Thanks
    thenpaking
    Well may be. I have a business which I will run from the flat, which isn't just contracting services, and also doesn't make too much noise, dust, etc etc. So I thought I would meet the criteria. My solicitor said at that point, he couldn't be sure, as he hadn't seen any of the details in the planning documentation from the seller, because we hadn't received it. We still haven't received it. So his contention now is that if they'd got on and done this 6 weeks ago, or proved they didn't need to, we'd be OK.
    • Fuzzyness
    • By Fuzzyness 18th Oct 16, 2:24 PM
    • 514 Posts
    • 371 Thanks
    Fuzzyness
    can you or your solicitor not obtain the planning permission via the council's online planning register?
    • thenpaking
    • By thenpaking 18th Oct 16, 2:28 PM
    • 25 Posts
    • 1 Thanks
    thenpaking
    I believe he was trying to get the planning documents from the other side. He said yesterday he could get the documents from the council, so I asked him to do that. Is that what you're referring to, or actually getting the planning permission myself?
    • Fuzzyness
    • By Fuzzyness 18th Oct 16, 4:01 PM
    • 514 Posts
    • 371 Thanks
    Fuzzyness
    either. its very easy and could speed up the process if you do it rather than your solicitor. and cheaper as well.
    • thenpaking
    • By thenpaking 18th Oct 16, 4:07 PM
    • 25 Posts
    • 1 Thanks
    thenpaking
    That's interesting. I did not know I could obtain planning permission for a building I don't own etc. I will look into this, thanks!
    • Hoploz
    • By Hoploz 18th Oct 16, 5:31 PM
    • 3,061 Posts
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    Hoploz
    You should find it on the local council's website under their Planning Applications section. It will detail the planning conditions on the letter giving permission.

    Does your business fall under the category you mentioned, was it B1? If so then you may qualify ... Although please bear in mind this could well affect your resale as you my find it more difficult to find a buyer than if you got the condition removed, and the value may be affected in the future.

    It sounds to me as though your lease would need changing by the freeholder as well as just the Planning, btw.
    • thenpaking
    • By thenpaking 18th Oct 16, 5:37 PM
    • 25 Posts
    • 1 Thanks
    thenpaking
    Yes, I understand the lease would need varying, and I understand the resale issues. It's possible that my business may fall under the B1 category, but it may fall under A2, professional services. I've explained the nature of my business to my solicitor, but he is clear that we shouldn't have to make the case, that the seller should just sort it out. My worry is still that he's pushing something hard which may cause the sale to be abandoned, which I really don't want to happen.
    • Hoploz
    • By Hoploz 18th Oct 16, 5:45 PM
    • 3,061 Posts
    • 2,707 Thanks
    Hoploz
    Just be careful it doesn't go the wrong way - you argue your business is in a certain category, which then is not allowed if the planning is solely residential!

    If organised by solicitor you won't be able to claim ignorance if the council should ever come calling
    • thenpaking
    • By thenpaking 18th Oct 16, 6:38 PM
    • 25 Posts
    • 1 Thanks
    thenpaking
    Thanks, yes, I think this was one of my solicitor's concerns.
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