PART 6EXCEPTIONS
Meaning of “non-residential premises”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-house28,
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.