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Live/work use for planning purposes

21 November 2012

The description ‘live/work accommodation’ is often used for a barn or other rural property that has been converted for domestic use. For planning purposes, this use is classed as sui-generis (meaning ‘of its own kind’ or ‘the only one of its class’). To comply with its planning designation, the accommodation must have a genuine mix of residential and business use.

Home-working

Homeowners should be careful that they are not simply ‘home working’. For example, working at home from a computer one or two days a week would constitute using the property as a dwelling house, with the ‘working from home’ part being ancillary to that use. This would be a material change of use from live/work and would be likely to require planning permission.

Ultimately, the decision as to whether a proposed use meets the live/work accommodation criteria is a matter for the local planning authority to decide. Each authority has different opinions: some have guidance on what constitutes live/work accommodation which may assist.

Live/work accommodation

It may also be worth looking at how the building was used in the past and whether the previous owner used it as genuine live/work accommodation. Continued use in breach of a planning condition could be immune from enforcement action under certain conditions when a certificate of lawful use can be granted.

For more information about live/work accommodation, please contact our agriculture & estates team.

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Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
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Adam Hale BA (Hons), TEP, FALA
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