What Legal Steps Should Be Taken When Converting Industrial Buildings Into Residential Spaces in the UK?
In the UK, the conversion of industrial buildings into residential properties is becoming increasingly popular. This trend is driven by the demand for affordable housing, the scarcity of developable land, and the desire to preserve historic buildings. However, this process is not as straightforward as it may seem. It involves navigating through a maze of legal, planning, and building regulations. This article will guide you through the key legal steps that must be taken when undertaking such a project.
Understanding Your Permitted Development Rights
Before embarking on any property conversion project, it’s essential to understand your Permitted Development Rights (PDR). These are rights that allow for certain types of development and conversion without the need for full planning permission.
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In the UK, the permitted development rights for converting industrial buildings into residential use are covered under Class PA of the General Permitted Development Order (GPDO). This allows for the change of use of a building and any land within its curtilage from a light industrial use (Class B1c) to a dwellinghouse (Class C3).
However, it’s essential to note that permitted development rights are subject to certain conditions and limitations. For instance, the building must have been used for light industrial purposes as of 19th March 2014, or when it was last in use if it was not in use on that date. Furthermore, the cumulative floor space of the existing building must not exceed 500 square meters.
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Securing Prior Approval From Your Local Planning Authority
Even though full planning permission may not be required when converting industrial buildings into residential spaces, it will still be necessary to obtain prior approval from your local planning authority. This is a process whereby the local planning authority will consider the proposed development’s impact on transport and highways, contamination risks, flooding risks, and noise impact on the intended occupants of the development.
To obtain prior approval, you will need to submit an application to your local planning authority, accompanied by the relevant plans and details of the proposed development. The local planning authority will then have 56 days to make a decision. If they fail to make a decision within this time frame, the development can proceed as long as it complies with other relevant laws and regulations.
Preparing a Detailed Development Plan
A detailed development plan is an important document that will guide your conversion project from start to finish. It should include information about the existing building, the proposed changes, and how these will comply with building regulations and other relevant legislation.
The development plan should also include a thorough risk assessment, identifying potential issues and how these will be addressed. For instance, industrial buildings often contain hazardous materials such as asbestos, which will need to be safely removed before conversion work can begin.
Ensuring Compliance With Building Regulations
Once your development plan has been approved, the next step is to ensure that the conversion work complies with building regulations. These are minimum standards for design, construction and alterations to virtually every building in the UK.
They are developed by the UK government and approved by Parliament. The Building Regulations 2010 cover the construction and extension of buildings and these regulations are supported by Approved Documents. Approved Documents set out detailed practical guidance on compliance with the regulations.
Building regulations approval is different from obtaining planning permission. You might need both for your project.
Navigating The Legal Aspects Of Residential Property Development
Last but not least, you should familiarise yourselves with the legal aspects of residential property development. This will include understanding the legal rights and responsibilities associated with owning and developing a residential property, as well as the legal implications of converting an industrial building into a residential space.
For instance, you will need to ensure that the conversion does not infringe on any existing rights, such as rights of way or light. It will also be necessary to obtain the necessary consents from any adjoining owners if the conversion work will affect party walls.
Moreover, if the building is listed or located within a conservation area, additional consents may be required. You may also need to comply with the requirements of the Community Infrastructure Levy and the affordable housing contributions.
In conclusion, successfully converting industrial buildings into residential spaces in the UK requires careful planning and compliance with a range of legal requirements. By understanding your permitted development rights, securing prior approval from your local planning authority, preparing a detailed development plan, complying with building regulations, and navigating the legal aspects of residential property development, you will be well placed to undertake a successful conversion project.
Remember, the above information is only a guide, and the specific requirements will vary depending on the individual circumstances of each project. Therefore, it is always recommended to seek advice from a property law professional or your local planning authority when undertaking such a project.
Acquiring Residential Units out of Commercial Properties
The practice of transforming commercial properties into residential units is more than just construction work. It involves a thorough understanding of the legal framework surrounding property development, particularly in the context of permitted development.
The Permitted Development Rights (PDR) that exist in the UK allow for certain types of property development and conversions without the need for detailed planning permission. These rights are especially pertinent when dealing with the conversion of commercial properties into residential spaces.
However, the conditions and limitations that come with these rights should not be ignored. For instance, the conversion of light industrial buildings into residential use falls under Class PA of the General Permitted Development Order (GPDO). This means that the building must have been in use for light industrial purposes since the 19th of March 2014, or since it was last in use if it was unoccupied at that date.
Additionally, the cumulative floor space of the existing building should not exceed 500 square metres to qualify for this category. This means that the building’s total size, including all of its individual units, must fall under this threshold.
Treading on Legal Grounds: Commercial to Residential Conversion
Venturing into the realm of converting commercial properties into residential housing is not a task that should be taken lightly. The legal implications of such a project can be vast and complex. Therefore, understanding the key legal elements and responsibilities is crucial to avoid any legal pitfalls and ensure the smooth running of your project.
For instance, one must take into account the potential impact on any existing rights such as rights of way or light. If the proposed conversion infringes upon these rights, it may lead to legal disputes and delays, if not outright cessation of the development.
Similarly, if the commercial property is a listed building or located within a conservation area, it will likely require additional consents. Moreover, the conversion may also be subject to the Community Infrastructure Levy and the affordable housing contributions, which could significantly impact the costs and viability of the project.
Lastly, the legal aspects extend to the relationships with neighbouring properties as well. If the conversion work affects party walls, the necessary consents from the adjoining owners will need to be obtained.
Conclusion
Transforming industrial buildings into residential spaces is becoming an increasingly popular real estate trend in the UK. However, it is a process that requires comprehensive knowledge of property law, planning and building regulations, as well as an understanding of your permitted development rights.
From securing prior approval from your local planning authority to ensuring compliance with building regulations, and navigating the legal aspects of residential property development – each step plays a pivotal role in the successful conversion of a commercial property into residential units.
Bear in mind, the specifics can vary depending on the individual circumstances of each project, hence it is always advisable to seek professional guidance from a property law expert or your local planning authority. This will ensure that you are well-informed, prepared and compliant with all the relevant requirements, leading to a successful and law-abiding residential conversion project.