Buying flat above a shop, advice please

Feyla

Hi,

I'm a first time buyer and I've found a flat that I'm interested in, the only worry is that it's above a shop. The shop is not currently any kind of restaurant or pub etc, so I would be able to get a mortgage for it.

The thing I'm worried about is that if the shop did become a fast food place or pub etc in the future, I would have a lot of trouble selling the flat.

Does anyone have any advice about this? Is it worth the risk?

Thanks.

Jack_flash_2

No advise about the purchase.

But I have looked at flats over takeaways before and they have stank of food even when the shop isn't open. I think this would be unbearable and the reason I have never lived in one.

My sister lives above a pub at the moment, she says friday and saturday nights can get a bit loud but not too bad and she has got used to it now.

I guess you have to decide if you could deal with the noise and/or smells it would generate if the shop was to change.

harrys_dad

I would enquire of the planning department what class of use the shop has permission for. See if this includes cooked food sales, and if it doesn't ask what chance there would be of approval if someone applied for change of use.

Joanthebone

I own a maisonette over commercial premises. Before I bought the place the then leaseholders of the commercial premises below had applied for a change of use to a takeaway. The council rejected the application because the maisonette leaseholders objected. I have all the paperwork relating to this with my lease, so its worth asking if you have anything like this with yours.


I think a lot depends on what the property has been used for in the past and if there are any other takeaways in the area. For instance if its in a parade of shops the local council usually like to see a broad choice of shops rather than a whole range of takeaways. I think it might be useful to ask the local council planning department what their opinion would be, they can be very helpful!

Mojisola

It's not just food outlets to be concerned about. My friend rented (for a very short time) a flat above a hairdressers and the flat stunk of all the chemicals used in the shop.

There's also a thread on MSE at the moment with the problems of having a flat above a funeral business - they object to lots of everyday noises because of the sensitivity of their business.

Jeffrey_Shaw

Feyla wrote: »

I'm a first time buyer and I've found a flat that I'm interested in, the only worry is that it's above a shop. The shop is not currently any kind of restaurant or pub etc, so I would be able to get a mortgage for it.

The thing I'm worried about is that if the shop did become a fast food place or pub etc in the future, I would have a lot of trouble selling the flat.

Does anyone have any advice about this? Is it worth the risk?

The vendor of the flat is either:
a. the [most likely freehold] owner of the entire building, granting a new lease on sale; or
b. its existing leaseholder, owning from 'a'.

So you could contact 'a' direct. Maybe a covenant on his/her part could be imposed, prohibiting use of the shop for sale of fast food or as a pub etc.

Feyla

Jack_flash wrote: »

No advise about the purchase.

But I have looked at flats over takeaways before and they have stank of food even when the shop isn't open. I think this would be unbearable and the reason I have never lived in one.

My sister lives above a pub at the moment, she says friday and saturday nights can get a bit loud but not too bad and she has got used to it now.

I guess you have to decide if you could deal with the noise and/or smells it would generate if the shop was to change.

Thanks for the reply.

Yeah, that is another concern but I'm not too bothered about that really, it's mainly just the potential issue of selling the flat!

Jack_flash_2

I think that a business that intrudes into the flat be it smell or noise would devalue the flat.
You probably wouldn't struggle to sell but you may struggle to sell for the price you want.

Feyla

Thanks for all the replies.

harrys_dad wrote: »

I would enquire of the planning department what class of use the shop has permission for. See if this includes cooked food sales, and if it doesn't ask what chance there would be of approval if someone applied for change of use.

Great idea, will do.

Joanthebone wrote: »

I own a maisonette over commercial premises. Before I bought the place the then leaseholders of the commercial premises below had applied for a change of use to a takeaway. The council rejected the application because the maisonette leaseholders objected. I have all the paperwork relating to this with my lease, so its worth asking if you have anything like this with yours.


I think a lot depends on what the property has been used for in the past and if there are any other takeaways in the area. For instance if its in a parade of shops the local council usually like to see a broad choice of shops rather than a whole range of takeaways. I think it might be useful to ask the local council planning department what their opinion would be, they can be very helpful!

Thanks, I will contact the local council.

Mojisola wrote: »

It's not just food outlets to be concerned about. My friend rented (for a very short time) a flat above a hairdressers and the flat stunk of all the chemicals used in the shop.

There's also a thread on MSE at the moment with the problems of having a flat above a funeral business - they object to lots of everyday noises because of the sensitivity of their business.

I will keep that in mind when I contact the council/owner.

Jeffrey_Shaw wrote: »

The vendor of the flat is either:
a. the [most likely freehold] owner of the entire building, granting a new lease on sale; or
b. its existing leaseholder, owning from 'a'.

So you could contact 'a' direct. Maybe a covenant on his/her part could be imposed, prohibiting use of the shop for sale of fast food or as a pub etc.

Definitely a good idea to contact the owner, I'll do that!

Jack_flash wrote: »

I think that a business that intrudes into the flat be it smell or noise would devalue the flat.
You probably wouldn't struggle to sell but you may struggle to sell for the price you want.

I hope you're right!

inspace

I live above a small parade of shops.
Heres an average day.

Newspapers delivered at 4am by a very noisy chap who prefares to bang all the doors and shutters available on van and shop.

Milk delivered 5am ish not so noisy.

Sandwich shop opens quietly - until 10 minutes later when she gets everything out the fridge door must be humungous with the amount of noise it makes every 30 seconds for about an hour.

Sandwich shops gets custom - bacon and eggs aroma for the next 5 hours.

Sandwiches done now time for the soup and stew ect - lovely.

Bread bacon sausages cakes fruit magazines sweets pop fittings ect all delivered sometime in the day for both shops that end lol.

Fish and chips from 11.30 the other end smells all day even after all the work ive done to block the smells.

Poodle parlour doggy smell and little poodle barking noises in the back garden area - not to bad though most of them sound funny trying to scare the world.

One empty shop in the middle where I listen to the radio above acceptable noise levels (its in our tenancy agreement to keep quiet ish during opening hours lol).

Add to this the buses - hundreds of customers - cars that think the accelerator is a toy to make brum brum noises at the lights - the fire engines - ambulances - (we are on the emergency route) local drunks leaving the pubs clubs - football crowd on match days - a shop that sells signage for vans - the list goes on.

But we love our flat that looks over the funny streets of sunny Blackpool.

Lots to consider - good luck.

Ps the Landlord could never sell this place.

chris_aaaaa

Leases in part commercial blocks can be tricky if the management start to misbehave, if the commercial property is over a given threshold (25% IIRCC) you cannot take over the management.


On any leasehold get details of the management fees and any disputes, check yourself on the court sites for tribuals at that property.


Ask if they have any notices for works outstanding?


Is there a reserve fund?


Google leasehold issues for information on all the possible scams.