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HOME FROM HOME
Page 42
Page 43
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You have your business, but when you're not on the road where do you park your assets? The route to findini a home is fraught with decisions.
Atirst-ume owner-driver might get by for a time parking at a customer's premises, but as the business grows he will need his own depot, maybe with a warehouse for customers. The first decision to be made is whether to search for a freehold or leasehold site.
Freehold is tantamount to absolute ownership of the site. In most cases this results in a greater degree of freedom in the way the property is used than with leasehold, although the operator will still need to comply with the relevant planning laws.
Commercial buildings
But many commercial buildings in England—especially in London and the main cities—are leasehold.
This means that the interest you acquire is as a tenant under a lease. There are no standard provisions f leases but it is likely that the landlo will have control over many aspects the property, such as how it is used ar what alterations may be made.
One possibility might be to she premises with another haulier. sA should take care to seek legal advice ( the terms of each company's occup tion. If the premises are leasehold the could be restrictions as to how tl property may be shared, and oft( landlord's consent will be needed.
In finding the right location for tl site there are a number of factors consider. Property prices in sonparts of the UK are significantly lowl than in others. But access to goo transport links will also be importer and might finally help determine whe you set up shop.
Specialist property agents can hel finding the rip location and negotiatig the deal. Once a site has been identied and terms agreed, you need a lawyer ) investigate the title and agree the legal ocumentation.
You should also arrange a survey to stablish the condition of the fabric of ny buildings and also to check if there is likelihood of the site being contamiated, particularly where you are buying ito a heavy industrial area. Under envionmental legislation you could be liable ar the costs of any clean-up.
Depending on your proposals for the roperty you might need to apply for planning permission. In any district the local council--or London Borough in Greater London— is the planning authority. This means that it has a duty to prepare overall plans for land uses within the district. It also has responsibility under the Town & Country Planning Acts for the control of development.
So far as development control is concerned, you will have to make an application to the council for planning permission if you intend to carry out certain types of activity at your premises. For example, you will need permission if you want to make a material change of use. Permission is also required for certain building works.
Advice is going to be necessary, not only on the application for permission but also on the decision, as it might be a refusal or subject to unacceptable conditions.
Good advice
You might need to consider whether to lodge an appeal. If the property you are acquiring is leasehold it is also likely that the consent of the landlord will be needed to any change of use or alterations. As in all major commer cial decisions, good advice is vital.
Before you even begin to delve into the murky depths of English property law you should equip yourself with an agent and a lawyer to guide you through. If you decide to build your own structure on a green-field site you will need a surveyor, who will negotiate the best quote from builders and charge a commission from the total cost of construction.
• by Philippa Aldrich, a commercial property partner at City firm Fox Williams. She can be contacted on phaldrich. a foxwilliams.com.