How do we split the title deed into 2

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    How do we split the title deed into 2

    Good Evening.
    my first time posting.
    My husband and i have joint mortgage on z house with some land. We would like to convert stables into dwelling and use part of the garden for the conversion.(i understand this is permitted devopment.am i right?)
    how do we split the title deed into 2?
    do i need to inform themortgage company? Also we would plzn to sell the main house or lease it.
    also just to add..the co version has its own acsess etc.
    thanks in advance

    #2
    (i understand this is permitted devopment.am i right?)
    No you are not right.
    Such a conversion requires the grant of planning permission by the Local Planning Authority.

    There is permitted development for a change of use of an Agricultural Building to a residential use, but a stable block would not seem to meet that definition.

    If the new house was granted planning permission there would be no immediate need to register a new title if you continue to retain ownership of all the land in the current title.

    The mortgage was based on the valuation of the land with a single house on it,
    With two houses on it the value is greatly increased so the mortgage company have no need to be informed about this because their security is enhanced by the extra value in the single title that will have two houses on it.

    Only when you decide to sell off the original house will the Mortgage company need to be involved, but that will be when you have a buyer and decide to pay off the mortgage.
    How you fund the conversion if planning was granted is another topic, but your current mortgagee may grant an additional sum to allow that to happen, or you could apply for a Self-build mortgage based on the value of the land once planning permission is granted.

    That would be when the original mortgagee would need to be involved if part of the land was then to be separated.

    Comment


      #3
      Thankyou for your response. We plan to finance the conversion ourselfs..sp your advice on the changing of title deed has been helpful .as it dosnt affect the current mortgage
      im just a bit confused under permitted development rights..from what im reading from 2018 we have to give notice on the change of use and not go through the planning process?

      Comment


        #4
        I don't think that a stables is considered to be an Agricultural building that can be converted under Part3, Class Q of the GPDO.

        Read it for yourself to see if a stables building can be considered part of an agricultural holding.

        Class Q – agricultural buildings to dwellinghouses
        Permitted development
        Q. Development consisting of—
        (a) a change of use of a building and any land within its curtilage from a use as an
        agricultural building to a use falling within Class C3 (dwellinghouses) of the Schedule
        to the Use Classes Order; and
        (b) building operations reasonably necessary to convert the building referred to in
        paragraph (a) to a use falling within Class C3 (dwellinghouses) of that Schedule.
        Development not permitted
        Q.1 Development is not permitted by Class Q if—
        (a) the site was not used solely for an agricultural use as part of an established agricultural
        unit—
        (i) on 20th March 2013, or
        (ii) in the case of a building which was in use before that date but was not in use on that
        date, when it was last in use, or
        (iii) in the case of a site which was brought into use after 20th March 2013, for a period
        of at least 10 years before the date development under Class Q begins;

        (b) the cumulative floor space of the existing building or buildings changing use under Class
        Q within an established agricultural unit exceeds 450 square metres;
        (c) the cumulative number of separate dwellinghouses developed under Class Q within an
        established agricultural unit exceeds 3;
        (d) the site is occupied under an agricultural tenancy, unless the express consent of both the
        landlord and the tenant has been obtained;
        (e) less than 1 year before the date development begins—
        (i) an agricultural tenancy over the site has been terminated, and
        (ii) the termination was for the purpose of carrying out development under Class Q,
        unless both the landlord and the tenant have agreed in writing that the site is no longer
        required for agricultural use;
        (f) development under Class A(a) or Class B(a) of Part 6 of this Schedule (agricultural
        buildings and operations) has been carried out on the established agricultural unit—
        (i) since 20th March 2013; or
        (ii) where development under Class Q begins after 20th March 2023, during the period
        which is 10 years before the date development under Class Q begins;
        (g) the development would result in the external dimensions of the building extending
        beyond the external dimensions of the existing building at any given point;
        (h) the development under Class Q (together with any previous development under Class Q)
        would result in a building or buildings having more than 450 square metres of floor space
        having a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes
        Order;
        (i) the development under Class Q(b) would consist of building operations other than—
        (i) the installation or replacement of—
        (aa) windows, doors, roofs, or exterior walls, or
        (bb) water, drainage, electricity, gas or other services,
        42
        to the extent reasonably necessary for the building to function as a dwellinghouse;
        and
        (ii) partial demolition to the extent reasonably necessary to carry out building operations
        allowed by paragraph Q.1(i)(i);
        (j) the site is on article 2(3) land;
        (k) the site is, or forms part of—
        (i) a site of special scientific interest;
        (ii) a safety hazard area;
        (iii) a military explosives storage area;
        (l) the site is, or contains, a scheduled monument; or
        (m) the building is a listed building.
        Conditions
        Q.2—(1) Where the development proposed is development under Class Q(a) together with
        development under Class Q(b), development is permitted subject to the condition that before
        beginning the development, the developer must apply to the local planning authority for a
        determination as to whether the prior approval of the authority will be required as to—
        (a) transport and highways impacts of the development,
        (b) noise impacts of the development,
        (c) contamination risks on the site,
        (d) flooding risks on the site,
        (e) whether the location or siting of the building makes it otherwise impractical or
        undesirable for the building to change from agricultural use to a use falling within Class
        C3 (dwellinghouses) of the Schedule to the Use Classes Order, and
        (f) the design or external appearance of the building,
        and the provisions of paragraph W (prior approval) of this Part apply in relation to that
        application.
        (2) Where the development proposed is development under Class Q(a) only, development is
        permitted subject to the condition that before beginning the development, the developer must
        apply to the local planning authority for a determination as to whether the prior approval of the
        authority will be required as to the items referred to in sub-paragraphs (1)(a) to (e) and the
        provisions of paragraph W (prior approval) of this Part apply in relation to that application.
        (3) Development under Class Q is permitted subject to the condition that development under
        Class Q(a), and under Class Q(b), if any, must be completed within a period of 3 years starting
        with the prior approval date
        .

        Comment


          #5
          Yes, you would most certainly have to inform your mortgage company or be in breach of the terms of your mortgage. It is irrelevant that the value is (in your opinion) increased, particularly if there has been a breach of planning the value may decrease.

          Comment

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