PDA

View Full Version : Certificate of lawfulness - change of use for HMO



barney1979
14-01-2008, 16:32 PM
Hi,

I need help! I am currently in the process of purchasing 3 x HMO properties and am in the joyous process of going through conveyancing.

It has transpired that although the council housing team are happy these meet HMO standards, the planning department - keen as ever to get there 2 pennies worth, need a certificate of lawfulness (COL) for change of use from residential to bedsits (which they haven't got).

There guidelines are that for every house with 6 or more bedsits (these have 7), it must have 35sq m of garden space (it doesn't), 1 off road parking space for every 4 residents (1 house doesn't) and a general standard of amenity which is acceptable (which it does).

Now, if i can prove that they have been used as bedsits for 10 or more years then I automatically get a COL. However, the current owners are elderly (selling on behalf of their son who unfortunately passed away) and the paper trail is less than ideal shall we say. So getting utility bills etc may be very difficult.

Clearly my mortgage company aren't going to lend on a property without a COL.

Does anybody have any ideas? I'm thinking this is a deal stopper or get rid of 2 people (thus making the houses 5 bedsits) and getting underneath their COL do-da.

Help MUCH appreciated.:)

Cheers
Mark

pdk
26-01-2008, 13:41 PM
For a Cert of Lawfulness you need 10 years UNINTERRUPTED and CONTINUOUS use... The merits of the use are not relevant as it would be in a PP... Peter

NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog FRGS is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD (http://www.enablinguk.com/track.html), WORKING WITH INVESTORS (http://www.enablinguk.com/ur-property-investors-planning.html), and PROJECT TYPES (http://www.enablinguk.com/planning-project-permission-appeal-UK.html)...

landplanningassociates
05-02-2008, 17:04 PM
For a Cert of Lawfulness you need 10 years UNINTERRUPTED and CONTINUOUS use... The merits of the use are not relevant as it would be in a PP... Peter

NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog FRGS is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD (http://www.enablinguk.com/track.html), WORKING WITH INVESTORS (http://www.enablinguk.com/ur-property-investors-planning.html), and PROJECT TYPES (http://www.enablinguk.com/planning-project-permission-appeal-UK.html)...

Peter is correct.
For a Certificate of Lawfulness of Existing Use or Development (CLEUD) or a Certificate of Lawfulness of Proposed Use or Development (CLOPUD) the authority's planning policies do not come into it.

The only question is : "Is this use/development lawful or not?"