change of use advice

russ21282

Hi Guys, a little advice needed please

I have found a cheap property which is a terraced house, but is being sold as a commercial property (i think it has been used as a solicitors)

I have checked the planning application records and there is no record of it being changed to a different use class. if it has been changed i'm guessing it would be a b1 (offices)

I want it for a residential home, so would there be any difficulties in getting the use changed back to a c3 (dwelling) class if it has been changed?

Thanks,

Russ

Doozergirl

It will depend on the plans of your local authority - you certainly shouldn't assume that because it was once a house that you can turn it back to one.

Find out if your planning department has a drop in clinic. Ours has one a few times a week where they kindly send someone to tell you to your face that you haven't got a cat in hell's chance.

Where I live you can't get planning permission for any new dwelling at all. Not turning a house back into a house, nothing.

russ21282

I'll see if they do that at our planning department thanks.

Is there a way i can find out what class it is at the moment? If it was never officially changed into offices would there be a problem turning it back without permission?

I noticed that there have been various approved applications to turn other properties on the street to businesses and back to dwellings, so i don't think they are as strict. There were only 2 refusals in the entire list and they were for retrospective applications.

russ21282

Just called the council today and they confirmed they had never had any planning applications for a change of use. So i think it's still classed as a residential property.

They said i could apply for PP but they may not even need it.

If i buy the property, even if they have nothing on record about it being offices, do they have any powers to do anything if i change it back to residential?

poppysarah

Look on VOA by postcode for council tax. It'll tell you what it is there I think/

russ21282

Thanks poppysarah, useful link there. It is registered for business rates, not for council tax, but i can't find anything about its use class. nobody seems to have a record of it

poppysarah

russ21282 wrote: »

Thanks poppysarah, useful link there. It is registered for business rates, not for council tax, but i can't find anything about its use class. nobody seems to have a record of it

Even the business rates bit at the council?

planning_officer

If it's been used as an office for more than 10 years, then irrespective of whether planning permission was gained for the change of use, the lawful use is now as an office. Having said that, it may not be an office in terms of being Use Class B1. Professional services, which provide services to members of the public visiting the premises are classed under Use Class A2.

But like others have said, it depends on the planning policies of your Council (look at their Local Plan) as to whether the loss of an office/professional services premises is going to be objectionable. If other similar proposals have been granted in the same street, then it may be acceptable - but don't assume that. You could always just buy it and convert it back to a house - if the council have no record of it being an office, then it may not be an issue - but someone may well report you (the parish council perhaps!) and it would then have to be fully investigated, so if I was you I would clarify the situation fully with the council before buying.

poppysarah

If it's registered for business rates the council know it's not a house.
Well worth getting something in writing from the council before going ahead.

russ21282

Thanks for all the info :T

I'll go and talk to somebody at the council and get some facts and something in writing before proceeding any further.

poppysarah

Yes - don't just accept someone's word - you need it in writing and probably off their legal team not the office teaboy.

Changing from office to house may be possibly but it may involve a period of time when you attempt to rent out the property for its official use - and when you fail to let it (don't know how you set the rent to make it sensibly fair) you can then apply for it to be a house.
But if it's important locally as commercial space they may apply different rules.