I'm looking to purchase a "mixed-use" property for the later conversion into a BTL house. Currently it's an unused village shop with residential accommodation to the rear and upstairs.
A lot of guidance I can find online references "upstairs flats" but in this case the building is really all one unit - with a door separating the shop space from the residential space.
There's a few facts of the property that make me think it could be appraised for SDLT under the commercial rates, however the guidance is particularly vague in my opinion - and I'd like to hear some anecdotal comparisons if any of you have any!
it is zoned as mixed-use with the council,
it has no active planning permission to be anything other than mixed use,
it hasn't been used at all for some years (~3) and is slowly falling into disrepair,
its water connection was disabled at time of inspection,
it needs a full rewire -- and also has never had a gas connection,
it is generally not in a great condition so would be difficult to use as a family dwelling,
it hasn't been inhabited as a part dwellinghouse for well over 15 years - since then it was just used as a shop + store rooms
However in the Finance Act (section 116) it states residential rates will apply if it is "...suitable for use as a dwelling..." -- which is where the contention is. It's water tight and presumably the water could be reinstated.
Let me have your thoughts!
Aaron