Does a residential certificate of lawfulness override the original planning?

stg123

Hi, a few years ago we bought a live/work unit. In order to get a residential mortgage, we had the original owner organise a certificate of lawfulness for residential use (in fact, it was always used residentially).

My understanding has always been that the Certificate of Lawfulness was pretty narrow in meaning and only states specifically that the unit cannot be held in violation of planning if used for residential purposes only (drawing on the fact it had already been used that way for four years), and did not amount to actually permanently changing the planning designation from live/work to C3.

We’re selling now and have a buyer who is particularly interested in retaining the right to commercial use under the live/work distinction, so they’re a bit concerned about how far the meaning of the Certificate of Lawfulness extends.

Does anyone have some insight on this, or anything I can quote?

Davesnave

I don't know about live/work units, but in the similar case of agriculturally tied property, a Certificate of Lawfulness, once issued, means anyone may live in the property.


However, if someone then occupies the property who meets the criteria of the agricultural tie, the tie is revived, until it is either removed by the planning authority or a breach of the tie lasting 10 consecutive years occurs and a new application for a CLEUD is made.



It's conceivable live/work units are similar.

lincroft1710

I am not an expert on this aspect of planning, but my understanding of a Certificate of Lawfulness is that it regularises a breach of planning, but does not change the original planning use.

ReadingTim

What your buyers' plans are for the property once they've bought it aren't really any of your concern - you're selling it as is, so in the first instance, this is something they should be asking their solicitors.

Now, if you're particularly keen in ensuring/facilitating the sale, you could always ask the same of your solicitors - that's what you're paying them for after all - but it would possibly incur additional cost which is of little direct benefit to you. Therefore, unless they're the only buyer in town, I'd be helpful, but not spend a penny on arranging any additional certifications etc, as this is primarily their issue, not yours, to sort.

davihnt

stg123 wrote: »

Hi, a few years ago we bought a live/work unit. In order to get a residential mortgage, we had the original owner organise a certificate of lawfulness for residential use (in fact, it was always used residentially).

My understanding has always been that the Certificate of Lawfulness was pretty narrow in meaning and only states specifically that the unit cannot be held in violation of planning if used for residential purposes only (drawing on the fact it had already been used that way for four years), and did not amount to actually permanently changing the planning designation from live/work to C3.

We’re selling now and have a buyer who is particularly interested in retaining the right to commercial use under the live/work distinction, so they’re a bit concerned about how far the meaning of the Certificate of Lawfulness extends.

Does anyone have some insight on this, or anything I can quote?

Hi Did you sell the property, we are trying to sell a live work unit in Twickenham - its a very nice property, 97m2 and 22% work element. If you didn't sell we would be happy to talk to your "buyer" if they are interested?