08. Change of use

A change of use in property refers to altering the purpose for which a building or land is used. In the UK, changing the designated use of a property typically requires approval from the local planning authority.

Planning permission 

Before altering the use of a property, homeowners or developers must obtain planning permission from the local council. This involves submitting a planning application detailing the proposed changes and demonstrating how they comply with relevant planning policies and regulations. 

Permitted development rights 

In some cases, changes of use may fall under permitted development rights, allowing certain alterations to be made without the need for planning permission. However, it's essential to check whether the proposed changes qualify for permitted development or require formal planning approval. 

Types of change of use 

• Residential to commercial: Converting a residential property into commercial premises, such as shops, offices, or restaurants. 
• Commercial to residential: Transforming commercial buildings or offices into residential dwellings or apartments. 
• Agricultural to residential: Repurposing agricultural buildings or land for residential use, such as barn conversions or farmhouses. 
• Other changes: Switching between different types of commercial use, such as changing a retail store into a gym or converting a warehouse into a creative workspace. 

Considerations for change of use 

• Impact on surrounding area: Local planning authorities assess the potential impact of the proposed change on the surrounding area, including factors like traffic, noise, and visual appearance. 
• Building regulations: Changes of use may trigger additional requirements under building regulations, such as ensuring fire safety, accessibility, and structural integrity. 
• Community consultation: In some cases, councils may require developers to engage in community consultation to gather feedback from residents and stakeholders affected by the proposed changes. 

Legal and financial implications 

• Leasehold or freehold: Owners of leasehold properties may need consent from the freeholder or management company before altering the use of their property. 
• Tax considerations: Changes of use can have implications for property taxes, including business rates, council tax, and stamp duty land tax. 
• Valuation and market value: Altering the use of a property can impact its market value and potential rental income, influencing investment decisions and financial returns. 

Enforcement and compliance 

Failure to obtain planning permission or comply with regulations regarding change of use can result in enforcement action by the local planning authority. This may include halting work, issuing enforcement notices, or seeking legal remedies through the courts.