Restrictions on Freeholders

As a freeholder, you generally have the right to use the property as you wish, subject to any title restrictions, planning and other legislation (see below) and the rights of your neighbours.

The first consideration, therefore, on a proposed change of use is to check your title deeds for covenants or other restrictions, e.g. not to use the premises as a public house. If there is such a covenant, you may be able to negotiate a release by the person entitled under it. Alternatively, it may no longer be enforceable, particularly if there has been a material change in the neighbourhood since the covenant was imposed.

Restrictions on Leaseholders

As a tenant , the lease will specify either a particular use (e.g. retail greengrocers) or a class of use (e.g. offices) and prohibit use of the premises for specified purposes (e.g. a pub or for heavy engineering). If you want to change the use you will, therefore, normally need the landlord's consent. Unless the lease states that consent cannot be unreasonably withheld it is wholly at his discretion. If alterations to the premises are involved, you may be required to re-instate the premises at the end of the lease.

Planning Issues

A change of use is a development for planning purposes, so you should examine the need for planning consent. This will not be necessary if the new use still falls within the original use class (e.g. retail offices, light industrial) or within the General Development Order. The local planning authority should be consulted.

If an application for planning permission is necessary, your surveyor should check with the local planning authority as to its structure plans and local plans to ensure that your proposal is in line with broader scale plans. An application will be made for outline permission or full permission.

A decision to approve, refuse or grant permission subject to conditions must normally be made within 8 weeks (unless you agree otherwise with the local planning authority). If you disagree with the decision, you have 6 months to appeal to the Secretary of State.

An alternative to planning permission is to reach agreement with the local planning authority. The local planning authority has extensive powers to deal with breaches of planning laws.