Advice please - Planning Permission / Building Regulation Certificate

EJE

Hi, my husband and I are buying a house for the first time and would really appreciate some advice on planning permission questions that have come up. The house is semi-detached, it was built around 1930 and since then, the following work has been done:
- Outbuilding constructed at the end of the garden, the sellers say this was around 20 years ago (1994?) but they haven't sent us any paperwork, so we guess they don't have it.
- Original garage (to the side of the property) knocked down - again no paperwork but we know it was done after August 2012, because it's on Google street view.
- Outbuilding converted to "habitable accommodation" in 2013, the sellers solicitor has sent us the Building Regulations Certificate, and they say that planning permission was not required.
- Single storey rear extension in 2013, again there is a Building Regulations Certificate and the sellers say planning permission was not needed.

Our questions are:
- Do we need any paperwork to confirm when the outbuilding was originally built? Are we right in thinking that if it was more than 10 years ago, we don't need confirmation of planning permission or building regulations approval?
- Is planning permission needed to knock down a garage?
- For the work done in 2013 (outbuilding conversion and rear extension) are the Building Regulations Certificates sufficient? Do we need any confirmation that planning permission was not needed, or do we just take the sellers word for it?!

The seller is a builder and did the work himself in 2013. So on the one hand he probably has experience of planning permission and building regulations. But on the other hand we want to make sure that he didn't cut corners. Maybe we're being over cautious but it's a LOT of money we're spending on this house (Cambridge house prices are insane!) and we don't want any nasty surprises after we have exchanged contracts.

Many thanks in advance!

Elsewhere

EJE wrote: »

- Outbuilding constructed at the end of the garden, the sellers say this was around 20 years ago (1994?) but they haven't sent us any paperwork, so we guess they don't have it.
- Original garage (to the side of the property) knocked down - again no paperwork but we know it was done after August 2012, because it's on Google street view.
- Outbuilding converted to "habitable accommodation" in 2013, the sellers solicitor has sent us the Building Regulations Certificate, and they say that planning permission was not required.
- Single storey rear extension in 2013, again there is a Building Regulations Certificate and the sellers say planning permission was not needed.

Our questions are:
- Do we need any paperwork to confirm when the outbuilding was originally built? Are we right in thinking that if it was more than 10 years ago, we don't need confirmation of planning permission or building regulations approval?
- Is planning permission needed to knock down a garage?
- For the work done in 2013 (outbuilding conversion and rear extension) are the Building Regulations Certificates sufficient? Do we need any confirmation that planning permission was not needed, or do we just take the sellers word for it?!

The seller is a builder and did the work himself in 2013. So on the one hand he probably has experience of planning permission and building regulations. But on the other hand we want to make sure that he didn't cut corners. Maybe we're being over cautious but it's a LOT of money we're spending on this house (Cambridge house prices are insane!) and we don't want any nasty surprises after we have exchanged contracts.

Many thanks in advance!

I suppose most of this could be OK, though I'd definately want to enquire further...

However I find the outbuilding being converted to "habitable accommodation" very dubious, especially as it's not physically connected to the main house.

EJE

Thanks for your reply. We have seen the outbuilding which they now call the annex. It has plumbing and electricity, two rooms (currently used as bedrooms, rented out to students), a bathroom (with shower, toilet and sink) and a kitchenette (with a sink and microwave but no hob or oven).

We are confused because the Building Regulations Certificate says that the garage was converted into habitable accommodation. But we know that the original garage was knocked down, because the annex is in a completely different place. If the outbuilding/annex at the end of the garden was built 20 years ago, as they say, it must have been built before the original garage was knocked down, so we are wondering what purpose it was built for - a second garage or something else?

harrys_dad

I would be very surprised of the conversion of an "outbuilding" to habitable accommodation did not require planning permission. Maybe you or your solicitor need to contact the local council for clarification. Are you buying the house with tenants in the annexe? This may not be wise. I would not exchange until their is vacant possession and you have seen the condition.

G_M

harrys_dad wrote: »

Are you buying the house with tenants in the annexe? This may not be wise. I would not exchange until their is vacant possession and you have seen the condition.

I would not even waste any time, or money, progressing this purchase till the tenants are gone.

Doubtless the seller will tell you they've been given notice (or will be) but it can take months (3? 6? 9?) to evict tenants.

Doozergirl

Outbuildings usually fall under permitted development. Many extensions (usually single storey) also fall under permitted development. You need to look at the 'Planning Portal' online and it will show you exactly what is pre-approved in terms of planning permissions. The site is very clear.

Converting an outbuilding requires compliance with building regulations. If it is attached to the house then it may well fall under PD rights.

If it is detached from the house and not designed to be slept in, it doesn't need planning permission. So you can have all sorts of outside rooms like offices, playrooms, gyms etc that don't need additional permissions. If people sleep in it regularly then it should have planning permission as an annexe. If you aren't planning to use it as living/sleeping accommodation then I wouldn't bother with PP as it holds no value for you to do so.

To be fair to the vendor, if you were trying to avoid doing things correctly you wouldn't apply for building control certificates but not for planning permision if it were needed... Telling the council you're building something is a good way of letting them know that
You're building something!

Freecall

I agree with Doozergirl, this may not be as bad as it appears.

The solution has to lie in asking the right questions (via your solicitor) to establish exactly how the situation developed.

It is more than possible that everything is legitimate and all work was carried out properly.

EJE

Thanks everyone for your replies. There is a loophole which we think applies in this case, because the sellers say that the outbuilding was already built, and then they converted it into an annex:

"THE ‘LOOPHOLE’

Whilst planning permission is usually required to build a new residential/granny annex, there is an interesting loophole in the planning system which may enable you to get an annex without planning permission.

Under the Planning Act , you can typically change the use of an existing building within the residential curtilage e.g. a garage, into a residential annex (including sleeping accommodation) without planning permission.

This means that you can potentially construct an outbuilding under ‘Class E’ as permitted development and convert this into an annex without permission at a later date. Planning case law has shown that fitting out a Class E outbuilding as a home gym for example, for as little as 3 months, can be a sufficient amount of time before converting into an annex.

As with anything, discuss your proposals with your local planning department before starting work. Certainly if you are looking to convert an existing outbuilding, you might want to consider applying for a Certificate of Lawfulness to get a formal view that planning permission is not required (See hints and tips below)."

(from consultapc.co.uk/maximise-your-homes-potential)

BUT I don't think it is permitted to rent out the accommodation:

"The annexe can be used as a home as long as it is occupied only by guests, members or dependents of the main household. It cannot be let to anyone else without first getting planning permission for ‘independent use’."
(from realhomesmagazine.co.uk/how-to/expert-advice/converting-outbuilding)

So... our questions for the sellers' solicitor are:
1. When was the outbuilding originally built and what was the purpose?
2. Did they get a Certificate of Lawfulness for converting the outbuilding into habitable accommodation?
3. Did they apply for planning permission for 'independent use'?
4. Is the annex registered for council tax? If so what is the council tax band?

Are there any other questions you think we should ask?

davidmcn

EJE wrote: »

3. Did they apply for planning permission for 'independent use'?
4. Is the annex registered for council tax? If so what is the council tax band?

No harm in asking, but are these bits worth worrying about if you're not planning to continue letting it out separately? If the existing use is in breach of planning, surely the breach ends once they regain vacant possession?

Doozergirl

davidmcn wrote: »

No harm in asking, but are these bits worth worrying about if you're not planning to continue letting it out separately? If the existing use is in breach of planning, surely the breach ends once they regain vacant possession?

Agree. Also, a "certificate of lawful development" to call it by its proper name isn't a necessary document. Most people don't obtain them as they are money for old rope. You don't need one to prove lawfulness, the building shows itself to meet conditions when you compare dimensions.

Re. Point 1, if the present owner says it was previously something else then the planners aren't going to bat an eyelid either.

I think OP you should be wary of creating yourself an issue where there isn't one. Ask the questions, by means, but none of this has much bearing on anything other than te slim chance of landing yourself two council tax bills. You could check that yourself on the VOA website right now.

EJE

davidmcn wrote: »

No harm in asking, but are these bits worth worrying about if you're not planning to continue letting it out separately? If the existing use is in breach of planning, surely the breach ends once they regain vacant possession?

Good point. The only thing is that we thought letting it out would be an option if we ever needed the income. This was a factor in the amount we offered. We justified paying extra for space we don't really need (not at the moment anyway) by saying to ourselves that we could let it out if necessary. But if we don't let it out, I'm sure we could still use it as guest accommodation, home office, etc.

I think council tax might be payable even if we don't let out the annex. Am I right in thinking that it depends whether the annex is classed as self contained? If self contained it would be subject to council tax, if not it would be classed as part of the main property. The council tax band for the main property might have gone up following the construction/conversion of the annex.

WHY IS IT ALL SO COMPLICATED?!