Buying a Flat above a restaurant

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    Buying a Flat above a restaurant


    From your experience, are there any legal implication from having a flat above a commercial property ?
    Will there be any nuisances covenants ? What is the best way to check this ?

    I saw the permitted classes under the headlease can be A1,A2 and A3 which excludes takeaway shops - but is there anything else worth checking ?

    I am guessing as well that given the fact the ratio commercial to residential is likely to exceed 25% of the building, it might not be possible to force the enfranchisement on the freeholder ?

    Any guidance or advice would be highly appreciated

    Many thanks

    " having a flat" what does that mean?

    Are you considering buying, or leasing the flat, with or without control over the business below ? Or do you already live in the flat? Or do you have the commercial part only?
    All posts in good faith, but do not rely on them

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      I am considering buying the leasehold on a flat which is two floor above a restaurant and was wondering about the above
      Many thanks


        Lenders tend to be wary about lending on flats in such locations.

        As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.


          Thanks Richard, but hsbc doesnt mind, anything else comes to mind ?


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