If you are planning to buy or lease a property for your business and intend making alterations to the property, you may need permission not only for the alterations but also separate planning permission for change of use.
It’s important to check the current permitted use of a property before proceeding with a purchase or lease and spending any money on your business venture, as you may not be able to use your chosen property for the use you wish.
Usually, properties can be used only for uses within the use class for which they have planning permission (or deemed permission). Change to a use which may seem similar might well need a change of use permission.
There are eleven use classes in Scotland and five additional categories (termed sui generis), which do not fall within any particular use class. These include hot food takeaways, pubs and theatres which still require specific planning permission. Notably, a restaurant or café cannot automatically be changed to a hot food takeaway or a pub.
However, some changes are permitted without consent, including change from:
- financial and professional services to shops
- restaurants and cafes, and hot food takeaways to shops or to financial and professional services but not vice versa
- storage and distribution to business
If the property has been used for its current purpose for more than 10 years, it may be that it is now the deemed permitted use, even though no planning permission exists. However, if you are selling or leasing a property, the purchaser or tenant may look for written confirmation of the position from the local authority.
Underestimating the time required to obtain any change of use planning permission could impact the time taken to complete your lease or purchase and could delay the opening of your business. A straightforward change of use would typically take around three months, however timescales will depend upon whether there are any objections. It’s worth building time for this part of the process into your planning.
If you have any concerns or questions about the use of a property you are planning to lease or purchase, you should take appropriate professional advice.
