Commercial Property, Change of Use & Stamp Duty

Eccentric

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Wondering if anyone can help, we went sale agreed on a property back in June, turns out the property was listed as a commercial building, a business had been run from it years ago. It has been lived in residentially by a couple for the last 10/15 years or more, business closed in the early 2000s. It was built initially as a private residence.

We pulled out of the sale as the vendors dragged their heels applying for planning but I still kept a watch on it… low and behold they finally got full approval for change of use, grant of permission due issue early December. We reoffered asking and they accepted
Commercial stamp duty has a clause that states, whatever the property is deemed on the 31st December the previous year, is what you pay …so we don’t have plans to close until January 2022 for this reason, paying commercial stamp duty is a deal breaker for us, and we have paid a deposit subject to not having to pay it. Our solicitors said we need to **prove** that it’s not a commercial property even with planning in place.

The couple say it’s hasn’t been listed as commercial for years and years.. they couldn’t understand what happened when they went to sell it and their solicitor said it was .. I can’t see it noted as commercial on any land zoning maps, they’ve haven’t paid rates in years, it’s not noted as commercial on the valuations website .. but clearly it is noted somewhere.

Is there any way I can check online where it’s noted and so I know how they change it?, the vendors are very elderly, and we have such a small window to get this right, basically from date of grant of permission to 31st Dec, plus Christmas closures in the middle.

Anyone up on commercial property listings, this house has my heart broken! Sorry for the long post. My own solicitor is waiting on new contracts to start work from her end.. but I really want to try and get ahead of this
 
Domestic dwelling electricity supply, local property tax Id, confirmation from council that rates have not been applied.

There's three items.

Solicitor's tend to be devils advocate and give worst case scenario
 
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