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.