Listed building for sale as a holiday let. Possibility of applying for a change use to residential?

snowy2017

I am very interested in buying a listed building that has a planning condition stipulating that the property can be used as a holiday let only and not as a main residence.

It’s a very beautiful little labourers cottage dating from the early 1800s but not sure if this condition could ever be challenged. I keep telling myself that clearly if it was going to be easy to over turn this condition either the current owners or a prospective buyer would have succeeded! Do I go for a planning consultants report first and then decide or just walk away? Any advice greatly appreciated. 

user1977

Maybe I'm missing something, but why would paragaph 84 be relevant for an existing dwelling?

daveyjp

Your post needs some clarification.  You state the new build was approved, was it actually built?

If so there are now two properties where there was only one and the planning and inspectors position may be justified, but if this decision was made many years ago time does move on so a review of current planning policies may be beneficial.

snowy2017

Fair point thanks. I guess it wouldn’t apply to an existing dwelling!

snowy2017

Not sure I’d need to check

Section62

snowy2017 said:

It’s a very beautiful little labourers cottage dating from the early 1800s but not sure if this condition could ever be challenged. I keep telling myself that clearly if it was going to be easy to over turn this condition either the current owners or a prospective buyer would have succeeded! Do I go for a planning consultants report first and then decide or just walk away? Is paragraph 84 any help here? Any advice greatly appreciated. 

It can be 'challenged' in the sense of reapplying for full residential consent, but unless circumstances have changed you will probably get the same result.

The problem for you is you won't know until you've applied and a decision has been made by the council or on appeal.  So you take the risk of buying a modestly successful holiday let remote from where you live (i.e. making management as a holiday let a PITB), or you apply for consent and hope nobody else buys it in the meantime, or that the vendor takes it off the market when you've done them a favour and paid to get the change of use approved.  You could ask the vendor to enter into a conditional contract, so you are only committed to buy if you get consent, but why would the vendor want to do that?

snowy2017

Is it possible to apply the 10 year rule in this case or is that unrealistic?

Section62

snowy2017 said:

Is it possible to apply the 10 year rule in this case or is that unrealistic?

In what way would you apply it?

snowy2017

I’ve been told that I could apply for a Certificate of Lawfulness if the property is occupied in breach of the condition for a period in excess of 10years.  It that all sounds a bit dubious to be!

Section62

snowy2017 said:

I’ve been told that I could apply for a Certificate of Lawfulness if the property is occupied in breach of the condition for a period in excess of 10years.  It that all sounds a bit dubious to be!

10 years would be the limit on the council being able to start enforcement action, at which point you could apply for a LDC which they would almost certainly have to give you, unless they use the 'concealment' rules to extend the enforcement period.

But living full-time in the property for 10 years without it coming to the council's attention, yet not falling foul of 'concealment', would be quite an impressive achievement.  For a start, unless you told the council you were living there and started paying council tax you would put yourself in a difficult spot with the council tax department.  You'd also need to hope that nobody who knows the history of the property might feel obliged to tip the council off, that could include the current vendor if they have had to take a hit on the sale price due to it not having full residential permission.

If the council did find out the condition wasn't being complied with then they may well start the enforcement process.  If they issue an enforcement notice that stays with the property until the council decides to withdraw it, and in a situation like this they aren't likely to withdraw one once issued.  It is a criminal offence not to comply with an enforcement notice.

On that subject, you'd also need to check very carefully that no enforcement notice has been served already - since you'd be committing that criminal offence by living in the property and the 10 year rule wouldn't be of any use to you whatsoever.

Long and short, you probably need to walk away unless you have the cash (not a mortgage) to be able to buy and keep the property as an occasional holiday home whilst living elsewhere.

snowy2017

Thanks so much for taking the time to answer. I’m very grateful. I think you’ve summed up by options. Either I buy it as it is and accept the condition or walk away!