Building an annex - what are the rules?

CIS

We have a "granny flat" in our house, my mum used to live in it. It does not have separate access as we were not allowed that by planning (house built from new). iI is accessed via our hallway, so easily integrated into the main house should we or future purchasers wish. It is a complete little "flat", lounge, dining kitchen, double bedroom and bathroom, about 80 sq metres.

It should be banded seperately - http://www.voa.gov.uk/publications/p...-factsheet.pdf

jennifernil

Well, we have been here since 1988 (we are in Scotland) and the house was built from new, so full PP and Building Warrant was needed. There was never any mention of separate banding, but we would have had an exemption anyway as my Mum was over 65.

http://www.adviceguide.org.uk/index/life/tax/council_tax.htm

And now it is lying empty.

http://scotland.shelter.org.uk/getadvice/advice_topics/paying_for_a_home/paying_council_tax/when_would_i_not_have_to_pay_council_tax

macman

jennifernil wrote: »

Well, we have been here since 1988 (we are in Scotland) and the house was built from new, so full PP and Building Warrant was needed. There was never any mention of separate banding, but we would have had an exemption anyway as my Mum was over 65.

Are you saying that everyone over 65 in Scotland is exempt from Council Tax?!

jennifernil

No, unfortunately not!

It is only if the "granny flat" is occupied by a dependent relative over 65.

I have added a link above.

blackshirtuk

If you don't put an oven or hob in then it can't be classed as a separate dwelling.

It can have a kitchen, with kettle, microwave, fridge, dishwasher, washing machine, a bathroom, with shower/bath, toilet, basin even a bidet, but without cooking facilites it can't be a separate dwelling for council tax or planning.

CIS

The fact sheet guidance they issue states 'food preparation area' , it makes no reference to cooking facilities.

There was a case regarding the removal of the cooker and it was found that it did not remove the fact that the annexe was a seperate property.

http://www.google.com/url?sa=t&source=web&cd=2&sqi=2&ved=0CCAQFjAB&url=http%3A%2F%2Fwww.valuationtribunal.gov.uk%2Fpdfs%2FCT_Manual_Sept_08.pdf&rct=j&q=council%20tax%20valuation%20manual%20&ei=9548TZacB4y38QOuj4SqCA&usg=AFQjCNFqgtUiw_WzbpezfXta2y2u48QV7Q&sig2=gcV4adXHVCIz9gpzSgeLxw&cad=rja

DANIELS (LO) V ARISTIDES 2006 HC
Mr & Mrs Aristides purchased a property in 2000 with the intention of undertaking
extensive building works to it. Within the grounds of their property, they built a
substantial wooden structure, known as the studio, which had a slate roof and which
they originally intended to use as a games and tool room. They then decided to
occupy the studio on a temporary basis, until the work on their main property was
completed. The studio was modified to include a gallery bedroom with a fixed ladder
leading up to it, a kitchen area, kitchen facilities including a sink, toilet and shower
room.
In 2003, Mr & Mrs Aristides removed the cooker and believed that the studio and the
main house should be aggregated as a single unit for council tax purposes.
In upholding the Listing Officer’s appeal against the valuation tribunal’s decision to
allow the appeal, the High Court held that the removal of the cooker had not altered
the characteristics of the building. The studio was still a self-contained unit.