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Lisa C
Lisa C, Property Solicitor
Category: Property Law
Satisfied Customers: 106
Experience:  UK qualified solicitor with 10+ years experience in property law
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Change of Use of Commercial Property: D1 to C3 - 'Timing

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Change of Use of Commercial Property : D1 to C3 - 'Timing aspects'Dear ExpertBackgroung/ preamble:I co-own a Doctor's Surgery Premises (D1 use) and we hope to get planning permission for change of use to C3 (residential) with a view to selling the property thereafter with it's increase in value.
The Doctor's surgery is mainly unused at present (we closed to the NHS in August 2016 - but I see a few private patients most weekends). We continue to have fixed outgoings - notably business rates.
I hope to somehow rent out the property short term for D1 use whilst we await planning consent for change of use to C3.Question:
How long can we rent out the property for D1 use - i.e. is it just until change of use to C3 is granted, or until conversion works are actually carried out to make the premises habitable as residential?Thanks in advance - Dr Kuhan

Hello Dr Kuhan, and thanks for your question. My name is***** am a qualified solicitor and would be happy to assist. I believe I answered your previous question about change of use.

To answer your most recent question, the key trigger is when the new use is 'instituted'. This may be the point that the property is first occupied for residential purposes or, depending on any works that are required to make the alternate use possible, could be deemed to happen at the point that those works are carried out. In any event, where such works are significant, I would imagine that you would need the tenant to vacate in order to carry these out safely.

Therefore the date of the grant of the new planning consent permitting residential use is not relevant (as you could, in theory, obtain planning permission but decide never to 'use' it - in which case the D1 use could continue). The property may therefore be used for D1 use at any time up until permission for change of use is granted and implemented.

I hope that this assists. Please do reply below if you have any further questions or would like any aspect of my response clarified. If my comments are of assistance, I would be grateful if you would confirm by accepting and rating this response. This can be done by selecting one of the five stars located on the top right of the question page and enables me to gain credit for the time taken in responding to your query. Please note that rating the response will not close this question - you will still be able to post below with any further queries or comments.

Kind regards

Lisa

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