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25.—(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—
(i)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
(ii)all the relevant planning permissions and 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 to a dwelling-house(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)as grazing land or woodlands.
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) in relation to a dwelling-house or a sub-divided building as “any land intended to be occupied and enjoyed together with that dwelling-house or building”.
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