Lawful Development - mixed commercial / residential

[Biggles111]

Seeking some advice from those who may have done this before please. I am looking at a property that consists of a ground floor shop with flats over it. The seller will keep the shop and I will buy the flats as separate titles.

The overall building has commercial planning, which extends to the upper units. These have however been used as flats, through a separate entrance, and with separate meters, for 10+ years. The building is Grade 2 listed.

I will be talking to Planning and Building Control on a general basis regarding this and potentially formalising the historic change of use. Has anyone done this, and what obstacles are Building Control likely to come up with? Who is best for formal advice on such issues - a surveyor or architect?

[z4chris99]

building regs on the flats, size of flats etc.

[Lukos]

If each flat is self-contained (has its own front door, bathroom, kitchen and utility meter/s), submit an application for a Certificate of Lawful use which you can do yourself. You will need to provide evidence that they have been separated for a period of at least 4 years. You would do this by providing copy utility bills and/ or council tax bills if available, with the address of each individual flat clearly shown on the corresponding bill.

Building regs won't be an issue if you can prove the above.

However, if you are in any doubt I'd recommend discussing with a planning consultant before you phone the planning department.

[Biggles111]

Thanks guys. Planning basically pointed me at the government planning portal, Building Control said they were not interested as no changes are being made. I have booked a meeting with a planning consultant tomorrow to make sure we cover all bases properly.

[johnfm]

Biggles111 said:

Thanks guys. Planning basically pointed me at the government planning portal, Building Control said they were not interested as no changes are being made. I have booked a meeting with a planning consultant tomorrow to make sure we cover all bases properly.

Make sure you get whatever building control or planning say to you in wriitng.

I have had my fingers burnt by that before.

[z4chris99]

my concern would be if the original builder CBA with planning consent, what standard are the units?

if your renting them out there may be a fair amount that is suspect / not legal and will need changing..

[Billsnemesis]

Building regs will be relevant if flats are converted.

A certificate of lawful use only relates to planning and as long as properties have been used as separate residences for at least four years then limitation will prevent any enforcement for breach of planning.

There is no limitation on building regs. If they did not comply at the time of conversion there is a risk that the council could insist on the issue being corrected and if that is the case then they have to be brought up to current standards even if they are higher than those which applied when the conversion was done.

Get an experienced surveyor to look at them.