Splitting mixed use property

[crugster]

Hi, just wondering if anyone has any experience of this type of thing.
We have a mid terrace Victorian property with a commercial shop unit on the ground floor and residential upper floors, a two bedroom maisonette.
It's been arranged like this for many years. The flat has a separate entrance.
We want to set up a new title for the flat and sell a long lease.
I need advice on whether planning permission and or building regulation approval will be required.
Many thanks

[Rough101]

crugster said:

Hi, just wondering if anyone has any experience of this type of thing.
We have a mid terrace Victorian property with a commercial shop unit on the ground floor and residential upper floors, a two bedroom maisonette.
It's been arranged like this for many years. The flat has a separate entrance.
We want to set up a new title for the flat and sell a long lease.
I need advice on whether planning permission and or building regulation approval will be required.
Many thanks

You’ll need planning for the change of use and building warrant for the physical alterations.

[Johnniem]

The way I read your post OP, there is no change of use for either part of the property. It seems to me to be a straight legal matter, unless, of course, that the user of the retail unit also has use (allowed within their lease) of the upper residential part? If the latter is the case then you will need to wait until the retail lease is over and serve a notice for the tenant to vacate to enable you to split the property into two legal elements. One retail unit and one long term leasehold property on the upper parts.

I would suggest you speak to the lawyer who deals with the leases on each part.

[leef44]

Johnniem said:

The way I read your post OP, there is no change of use for either part of the property. It seems to me to be a straight legal matter, unless, of course, that the user of the retail unit also has use (allowed within their lease) of the upper residential part? If the latter is the case then you will need to wait until the retail lease is over and serve a notice for the tenant to vacate to enable you to split the property into two legal elements. One retail unit and one long term leasehold property on the upper parts.

I would suggest you speak to the lawyer who deals with the leases on each part.

No you definitely need planning for a valuation assessment. Likely to get a separate council tax and business rates applied.

[covmutley]

Sounds like they are 2 separate planning units and so no change of use required.

Separate entrance and presumably council tax, utilities etc all separate.

[crugster]

Thanks guys, all very helpful
The existing flat has its own entrance and separate council tax already so I think it will be just building regs to resolve.
Residential conversions are fairly easy it seems with the permitted development rules now