Live/Work Unit: Condition in Lease

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

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

can you or your solicitor not obtain the planning permission via the council's online planning register?

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

either. its very easy and could speed up the process if you do it rather than your solicitor. and cheaper as well.

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

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

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

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

Thanks, yes, I think this was one of my solicitor's concerns.