The Home Information Pack Regulations 2006

Meaning of “non-residential premises”

22.—(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(1),

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.

(1)

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”.