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Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.
I will be able to assist with some of the above, though in particular, planning use status is not maintained as a searchable online database by most councils in this may necessitate you contacting the local authorities planning department to confirm the position depending upon the council involved.
Thank you. I can certainly assist with the stamp duty element. In relation to the use categorisation, it will depend upon the location of the properties as regards ***** ***** relevant local authority maintains its records online or not.
Thank you. The planning use for No. 17 according to council records is Basement use as a housekeepers/caretakers flat (sui generis), part basement (rear) and ground floor as a restaurant (Class A3) and 1st, 2nd and 3rd floors as 9 serviced apartments for short term letting purposes (sui generis).
Unfortunately, there are no published records as regards ***** ***** for N0. 20. I'm not certain if it is considered part of No.17 for the above purposes or entirely separate. It is likely with your knowledge of the accommodation, you will know whether the above relates to both buildings or just one. If just one, you will need to consider contacting Westminster Council's planning department to ascertain the use class for No. 20. -(###) ###-####6500
In terms of SDLT an SDLT rate of 15% applies to corporate purchases of residential properties over £500,000 unless you can show that the buildings are to be used for any rental business so this will be key. the 50% charge does not apply to commercial properties. accordingly, providing the surcharge does not apply the effective SDLT rate should be 5% being £1,877,000.
May I confirm precisely what you mean by a commercial unit? i.e. what exactly are your requirements in this respect?
you can find the HMRC tax manual on the point at the following link:
I regret that I am limited to providing legal information through the service. It seems to me, particularly in view of the size of the transaction, you should consider retaining an accountant or lawyer formally in this respect to advising in connection with the same. Generally I would comment however that do consider that another exemption is for residential properties which are intended to be let out as a business:
I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.
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