LATEST TWEETS

Thinking of redeveloping an empty pub for commercial use? Ben Mitchell, Commercial Property Solicitor provides guid… https://t.co/BndYUZJHCu
How long does probate take? https://t.co/nug0X7U60O
Coming to terms with the death of your spouse or partner will take time, but at some point you will need to think a… https://t.co/4vhdfBqqGL
Top tips for selling your home in a flat market from Claire Wicks, Chartered Legal Executive in our Conveyancing te… https://t.co/9QrGABcQzC

Redeveloping an empty pub for commercial use

Pubs are closing all too often nowadays and while this is a sad sight, it means there may be opportunities to find a new use for one as a commercial development project.  If an empty pub is well-located, it could make an ideal setting for a new business, such as a care home, convenience store, or flexible workspace.

As well as negotiating, buying and redeveloping the building itself, you will need to get to grips with planning permission and other regulatory requirements for your proposed new business.  You will need contracts with professional advisers, including surveyors and architects, and with building contractors.  Once the building is operational you will need a lease with an operator.

‘Your commercial property solicitor will be a key person in bringing this complex project to fruition, and the sooner they are consulted and involved, the sooner they will ensure your interests are protected,’ explains says Ben Mitchell, Commercial Property Solicitor with Parnalls Solicitors.

You will not want to purchase the pub unless you can proceed with your proposed redevelopment, so one of the first steps will be to protect your interests by negotiating a purchase agreement or option agreement, conditional on you getting planning consent for the change of use.  The seller will want to be sure that you are required to use every effort to get permission; your solicitor needs to balance this risk by including a right for you to walk away if it is clear that the local council will not agree to your plans.

Planning consent

Public houses are still regarded as part of our national life and local authorities are reluctant to let them close.  One of the key things to consider is what role your proposed new use will play in the community, as creating jobs or a new focus for community activity is important.  The local authority could ask you to enter into a binding agreement to provide space for community use in your development

One potential hurdle is the possible listing of a pub as an Asset of Community Value, which means that if the owner wants to sell it the community has a period to raise funds to try to buy the asset before it is sold on the open market.  This will not affect the value but it can delay a sale.

Do not be put off a viable project by potential issues, as your legal team will be able to help you obtain permission for a change of use and can advise whether other permissions are needed, for example if the pub is a listed building or sits in a conservation area, you will need additional consents for development work.

Practical requirements

Pubs tend to benefit from ample parking and good access for deliveries, and neighbours will be accustomed to delivery vehicles and long operating hours, but you may need your solicitor to negotiate additional access rights over adjoining land.

You will need to consider all the practical needs of any new use.  For example, with a care home it will be important to be close to public transport for staff and visitors.  A rural business centre will need high-speed broadband, but you may find that you would need to install new cabling or fibre to the building, so factor in the time it will take your solicitor to negotiate the necessary rights with the provider.

Building and professional contracts

Once you secure the site and have permission to change use, you will need a good professional team to carry out the building works.  Your solicitor will probably have agreed a contract with the architect and surveyor at the planning and design stage and can do the same with your building contractor.

Letting the building

Unless you have the relevant experience, you will want to know that you have a tenant lined up to run the new business when the conversion is finished.  Your solicitor can start negotiating early in the project – it is common for a tenant to enter into an agreement to take a lease once planning consent has been given and the works are complete.  This gives you the comfort of knowing you have an income stream-lined up and ready to go at the first opportunity and will be important to your lender if you are borrowing money to finance the development.

The key to any redevelopment project is to plan carefully, research the market and work out whether you will be able to get all the necessary permissions.  Good advice from your solicitor from the outset will give you the best chance of success.

For further information, please contact Ben Mitchell, Commercial Property Solicitors on 01566 722375 or email mithcellb@parnalls.com

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

MORE NEWS

Redeveloping an empty pub for commercial use

Why it takes time to obtain the Grant of Probate

Social Media: The unconscious privacy threat

Is your reputation being threatened?

Making a will after your spouse or partner has died

Interns celebrate completion of internship at solicitors

Selling your home in a flat market, some top tips

Claiming compensation for a serious road traffic accident

New Media and Communications Court list reflects surge in internet defamation claims by Laura Baglow

Has your personal information been shared without your permission?

Planning your escape to the country, what you need to consider – part 2

Government consultation on new national model for shared ownership

Choosing a partnership structure

Planning for what happens when you die by Deborah Adams

Changes to legislation could offer protection for tenants in the private rental sector

Move to the country - Part One

The risks of DIY probate

Will your septic tank still be legal in January?

The death knell for ‘kiss and tell’?

Making a will when you retire

Selling your property at auction

Not looking so good - your guide to compensation for botched non-surgical cosmetic procedures

New threshold of seriousness in defamation proceedings

Legal considerations when building a granny annex

Choosing the right person for your power of attorney

Formal Interviews - Do you need legal representation?

Privacy rights and aerial images

Trustees’ duty to give information to beneficiaries

Five problems with a leasehold property

Taking your first commercial lease

Is your organisation protected from employee social media legal risk?

Have you been targeted by negative social media posts?

Farmers be alert when being inspected

Help for House Sellers?

Don’t let your digital assets end up in a digital grave

Valuing an estate for probate

Development proposals and your local authority search

What can you do if your child is injured in a serious accident

NetRights welcomes new protection for social media users

SHOULD I GET A LAWYER FOR A SPEEDING OFFENCE?

Supreme Court recognises that social media is a “casual medium” in libel battle

Choosing the best conveyancer who is right for you

Making a will after a second or subsequent marriage

Option or promotion agreement – which is best for landowners?

Anonymous pub and restaurant online reviews leave a bad taste

Have you had an accident involving a horse?

Help to Buy – beware of some cracks in the structure

Understanding Lasting Powers of Attorney

Changes to Energy Performance Certificate for Landlords

Had a cycling accident? Your route to obtaining compensation

New year, new home: tips to sell your home in the New Year 

Tax Planning for your inheritance

Hearing loss: when your employer may be liable

Buying a home for your retirement, five things you need to consider

Farmers plan to diversify after Brexit

Ministers press ahead with probate fee shake-up - reports BBC News

Botched dental treatment? You may be entitled to compensation

Why a Health and Welfare Power of Attorney is a good idea

Will the new charge on building developments in Cornwall affect you?

Energy Performance Certificates – Do They Matter?

HMRC Challenging Stamp Duty Land Tax Payments

Ben Mitchell qualifies as a solicitor

The potential implications of Brexit on employment law

Appointing a guardian for your children

Houses in multiple occupation – new rules from October 2018

New Agriculture Bill published

Will Brexit affect my pension?

Dreaming of a holiday home? Sort out the legals before putting your feet up

Lasting Power of Attorney by Deborah Adams

Settled status after Brexit by Alexis Hager

How to choose an executor to administer your estate when you die

How overage agreements can boost profits from your land

Top tips for first-time buyers

How Could Brexit Affect My Farm?

Wills & Succession in Spain by Deborah Adams

Brexit ­– an international and local view by Alexis Hager, Litigation

Capital gains tax - important facts for non-residents of the UK

Buying a home: the importance of making sure the seller is entitled to sell

Changing a will after someone has died: it is possible and it could save you money

Your responsibilities when you have people working in your home

Sad passing of Battle of Britain pilot who served with Parnall family member

Considerations when buying a heritage property

Disciplinary proceedings at work: guide for employers

Employers should have a disciplinary process in place, but just following this may not be enough to avoid falling foul of the law and exposing yourself to the risk of an employment tribunal claim.

Selling your land through a conditional contract

Why you should always use a solicitor to prepare your will

Putting your legal affairs in order

How to extend a lease on a flat or buy a share of the freehold

Delayed Health Checks

New Marketing Team at Parnalls Solicitors Ltd

Social media: snooping in the recruitment process

A landlord's guide to tenant alterations

Equity release, your questions answered

Short term lettings: avoiding the pitfalls

How to apply for a grant of probate

Are you entitled to a fee refund for your Lasting Power of Attorney?

What to do when someone dies

Business disputes: can they ever be avoided?

Accident at work: what to do and when if you have been injured

Director appointment

What type of will do I need?

Business rates: a financial ticking time bomb (Part 2)

Conveyancing quotes: what you need to know

New appointment in Litigation

Property boundaries and rights of access: what are they and why do they matter?

Mental Health - we can get you the help you need

Business rates: a financial ticking time bomb (Part 1)

Leaving a gift to charity in your will

Parnalls helps two leading Devon organic meat companies to become one

Katherine Flashman Kitson is appointed Governor of St Joseph's School, Launceston

Financing your home purchase (Part 2)

New rules on debt recovery may delay payment of consumer debts

Making financial gifts during your lifetime (Part 2)

Our Guide to Lasting Powers of Attorney for Your Business Interests

Financing your home purchase (Part 1)

Careless replies to pre-contract commercial property enquiries could land you in trouble

Making financial gifts during your lifetime (Part 1)

Property referrals and recommendations - what to consider

World Alzheimer’s Day: Three-step plan to get your legal affairs in order

Legal considerations when setting up a business (Part 2)

How to avoid falling victim to property fraud

What are the key terms that need to be covered in a commercial lease? Part 3

Top 10 reasons to use a solicitor to make your lasting power of attorney

What legal considerations do I need to think about when setting up a business? (Part 1)

Why you need to update your will as soon as you decide to separate or divorce

What are the key terms that need to be covered in a commercial lease?  Part 2

The Bank of Mum and Dad: top tips when lending money to your children  

DON’T ACCEPT 50/50 ON AN ACCIDENT IN A COUNTRY LANE

The importance of insurance when life trips you up

The role of a court appointed deputy

What are the key terms that need to be covered in a commercial lease?

Ten common debt recovery mistakes

How do I know if my relative has the mental capacity to make a will?

Motorcycle accidents - what to consider when claiming compensation

Top tips for pushing your house purchase through as quickly as possible

How does the new inheritance tax perk work?

The ultimate personal injury and accident claim checklist

Jargon-busting guide to Lasting Power of Attorney

10 reasons to appoint a Personal Injury solicitor

What happens when mum or dad are ill and can’t make decisions?

How firms can take advantage of the rise of alternative finance

Should Stamp Duty be abolished?

Teenager paralysed after falling off a horse awarded £3 million in compensation

RBS to pay investors £800 million

Not happy with your accident claim lawyers?

Parnalls expands its litigation team

Hard work pays off for our Trainee Legal Executive.

Katherine Scott Flashman Kitson celebrates 20 years

How will the new Residence Nil Rate Band (RNRB) affect you?

Exciting new business hub unveiled in North Cornwall

Be careful what you post on Facebook

Parnalls rolls out the support at Wadebridge Wheels

New trainee solicitor appointed

Mark Parnall comments on Brexit in The Law Society Gazette