Regulation 22 Meaning of “non-residential premises”

(1)

In this Part “non-residential premises” includes—

(a)

premises where the most recent use of the premises, is or was primarily non-residential; and

(b)

any dwelling-house where it is clear from the manner in which it is marketed that it is due to be converted for primarily non-residential use by the time its sale is completed, and all the relevant—

(i)

planning permissions; and

(ii)

listed building consents,

exist in relation to the conversion.

(2)

For the purposes of this Part, where a question arises as to whether premises are—

(a)

non-residential premises; or

(b)

residential property by virtue of being ancillary land^f1,

the premises may be treated as non-residential premises if the conditions in paragraph (3) are met.

(3)

The conditions referred to in paragraph (2) are that—

(a)

the total area of the land is 5 hectares or more; and

(b)

the most recent use of the land is or was primarily for one or more of the following purposes—

(i)

horticulture or cultivation;

(ii)

the breeding or keeping of animals or livestock; or

(iii)

the use of land as grazing land or woodlands.

Annotations

Footnotes

f1: Under section 148(1) of the 2004 Act, “residential property” consists of a single dwelling-house, including any ancillary land. “Ancillary land” is defined in section 177(1) as meaning in relation to a dwelling-house or a sub-divided building “any land intended to be occupied and enjoyed together with that dwelling-house or building”.