Residential garage change of use = business rates?
Residential garage change of use = business rates?
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pharmvrs

Original Poster:

147 posts

191 months

Friday 11th September 2015
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I am in the process of brain storming an idea; set up and sell "stuff" from home from the empty residential garage until the business has grown to require a larger unit.

However, it hit me that after applying for a change of use from residential use to either A1 or B8 use I may have to pay business rates and be potentially hit for CGT....

Has anyone been here before?

Boosted LS1

21,200 posts

291 months

Friday 11th September 2015
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If it's small you'll pay nothing. In effect they just give you 100% rate relief. That's what they do with me and I've got commercial use on a reasonably sized area.

Edited by Boosted LS1 on Saturday 12th September 09:04

Eric Mc

125,855 posts

296 months

Saturday 12th September 2015
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Regarding Business Rates - you need to speak to your local authority to find out what their view is. Different Councils have different approaches.

Regarding CGT, there is a potential risk of CGT being chargeable on that portion of the property that has been converted. If the conversion is minor i.e. the garage can still bne used as a garage - or it can be used as a habitable room - then CGT is unlikely.
However, if it is converted to a bona fide workshop/office etc then CGT is more likely.

MagicalTrevor

6,481 posts

260 months

Saturday 12th September 2015
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Speak to your council but it's likely that due to the size you won't incur any business rates on it.

Chrisgr31

14,292 posts

286 months

Sunday 13th September 2015
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Why do you need to get planning permission? Or rather why are you going to apply most wouldnt bother.

As others have said, due to its size its likely to be exempt anyway. Where is this garage and is it the only business premises you have?

Eric Mc

125,855 posts

296 months

Sunday 13th September 2015
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Not applying can cause problems later - especially if neighbours object.

What is the nature of the business you intend to operate from the premises?

Boosted LS1

21,200 posts

291 months

Sunday 13th September 2015
quotequote all
If you speak with the council it will be for 'a change of use' ie from residential to commercial status. In residential areas they often don't like this but if your business aspirations are quiet and unlikely to disturb anybody they may approve.

surveyor

18,705 posts

215 months

Sunday 13th September 2015
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Eric Mc said:
Not applying can cause problems later - especially if neighbours object.

What is the nature of the business you intend to operate from the premises?
Not really. You can still put in a retrospective application, and if they are going to object then they will anyhow. I'd suggest it depends on how much coming and going/noise there will be.... Plenty of people work from home whether it's a builder with a big garage or somebody with a home office. Not many of these will have bothered with planning.

OP needs to make his own decision obviously....





loafer123

16,756 posts

246 months

Sunday 13th September 2015
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surveyor said:
Eric Mc said:
Not applying can cause problems later - especially if neighbours object.

What is the nature of the business you intend to operate from the premises?
Not really. You can still put in a retrospective application, and if they are going to object then they will anyhow. I'd suggest it depends on how much coming and going/noise there will be.... Plenty of people work from home whether it's a builder with a big garage or somebody with a home office. Not many of these will have bothered with planning.

OP needs to make his own decision obviously....
I agree with this. Councils like small "kitchen table" businesses and it plays badly in the local press if they enforce or even object as long as you are considerate in how you use it.

Eric Mc

125,855 posts

296 months

Sunday 13th September 2015
quotequote all
Most councils have no problems with "kitchen table" (as you call them) or "home office" type businesses operating from home. They can get a bit twitchy if the business has an impact on the residential aspect of the area, such as deliveries, noise, pollution, constant coming and going of customers, clients etc.

I know because some of my clients have had issues in these areas on occasions.

loafer123

16,756 posts

246 months

Sunday 13th September 2015
quotequote all
Eric Mc said:
Most councils have no problems with "kitchen table" (as you call them) or "home office" type businesses operating from home. They can get a bit twitchy if the business has an impact on the residential aspect of the area, such as deliveries, noise, pollution, constant coming and going of customers, clients etc.

I know because some of my clients have had issues in these areas on occasions.
It has to get pretty extreme for them to take action, and it is better to let sleeping dogs lie, as the moment you raise it with a planning department, the answer will be "no", whether that makes sense or not.

Anyway, the OP can choose himself whether to take property advice from two surveyors (I am one also) or an accountant.

Eric Mc

125,855 posts

296 months

Sunday 13th September 2015
quotequote all
I've had a client inspected but they were happy with what he was doing. He has a small workshop over his garage.

I think they would get interested if you were doing something like scrapping cars or disposing of toxic waste.

The Capital Gains Tax issue is slightly different and that is something he should go into with his accountant.

loafer123

16,756 posts

246 months

Sunday 13th September 2015
quotequote all
Eric Mc said:
I think they would get interested if you were doing something like scrapping cars or disposing of toxic waste.
I totally agree. If he starts annoying the neighbours, they'll go to the council and he'll have to deal with it.

If the use were scrapping cars or disposing of toxic waste they'll be on to the council faster than Usain Bolt down the 100m, but he says he's just "selling stuff", so I am pretty quiet and non-toxic.



Eric Mc

125,855 posts

296 months

Monday 14th September 2015
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Depends on what he's selling smile

pharmvrs

Original Poster:

147 posts

191 months

Monday 14th September 2015
quotequote all
Thanks for the replies so far, looks like I need to make a call to the planning officer.

The business will be an online pharmacy and planning permission/change of use will be required for the next stage to be approved and passed.

The garage is a standard brick/block built garage, 3mx6m, no entrance via the attached property, the up and over hormann door will need replacing with a roller shutter door and the side door to the garden will need replacing with a solid uPVC job. It will also need a sink with hot and cold water, a fridge and a freezer, a controlled drug cabinet, the floor sealed and carpet laid, a ceiling fitted and the walls plastered before fitting out with shelving and a workstation, I will also need an electric heater.

Core working hours 9am to 5pm, three inward deliveries twice daily in standard white transit size vans with average drop off duration of less than 3 mins each time, no outward signage or customer contact on a face to face basis is allowed by law-minimal residential disruption IMO. Twice daily outward mail.

I am a qualified pharmacist BTW.

Next question;
Should I have a separate electric and water meter installed whilst I'm at it or just how do I calculate a reasonable expense for HMRC?









Eric Mc

125,855 posts

296 months

Monday 14th September 2015
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Regarding water usage - HMRC would be happy with either option. If you went down the apportionment of your normal water costs, then basing it on actual business consumption v' overall consumption should be OK.

Chrisgr31

14,292 posts

286 months

Monday 14th September 2015
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pharmvrs said:
The garage is a standard brick/block built garage, 3mx6m, no entrance via the attached property, the up and over hormann door will need replacing with a roller shutter door and the side door to the garden will need replacing with a solid uPVC job. It will also need a sink with hot and cold water, a fridge and a freezer, a controlled drug cabinet, the floor sealed and carpet laid, a ceiling fitted and the walls plastered before fitting out with shelving and a workstation, I will also need an electric heater.
At present there is an exemption from business rates for small businesses where their only business property has a RV of less than £6,000. That relief is on a sliding scale from 100% relief at RV£1 to 0% relief at RV £6,000. At the present time there is a special offer on the relief which in theory expires in March 2016 but many suspect will continue where small business with one property have an exemption up to RV £6,000 and then the sliding scale cuts in tapering to 0% relief at RV £12,000.

If you can say where your garage is I can have a stab at estimating a RV to allow you to do a budget baesd on the relief being taken away which gives a worse case scenario.

Its important to note that with a minor exception you can only have 1 business property to qualify for the relief, so if you have another property say so!

JuniorD

9,013 posts

254 months

Tuesday 15th September 2015
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This is interesting as we have a new neigbour who the other neighbours have slight issue with.

Their house was only built a year ago, and it was noticed that where the agarage door should have been there was instead a double fronted glass window/door thing. In essence what was the garage on the approved plans has been converted into a hair salon. It's discrete enough to be fair, you wouldn't really know unless you knew, if that makes sense. I don't really care but the various people facing it (all "powerfully built directors") are not happy. Maybe they are jealous that the Hairdresser drives a Masterati Ghibli, and is probably not paying much tax either.

Eric Mc

125,855 posts

296 months

Tuesday 15th September 2015
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They know what to do if it's a problem.

pharmvrs

Original Poster:

147 posts

191 months

Wednesday 16th September 2015
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I will be ringing the planning dept and VOA people this morning and will feedback their response.

Hairdressers in a garage eh.....
https://www.gov.uk/introduction-to-business-rates/...