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Can I stay in my outbuilding?
htrj
Posts: 205 Forumite
Having been trawling the internet to find information that suits my situation I have had no luck so far so would like you to consider my proposal before I seek further advice.
About five years ago I built a log cabin in my garden but quite far away from the main house. Its quite a big structure, made from wood with a concrete floor and comprising of a shower room, two dressing rooms and an open plan combined kitchen and living room. It has separate access from the main house. It has full electrics and plumbing but currently shares it sewerage with the main house. To date this building has only been used as storage. It was constructed under permitted development. The council are aware of its existence and didn't seem bothered about it at the time.
What I would like to do is sell the main house and keep this building to use for very occasional accommodation while I am in the area. Having lived abroad in the past I know how invaluable it can be to have somewhere to just prepare a meal, keep a toothbrush and a wardrobe full of clothes.
Is what I am considering permitted? I'm not expecting to be allowed to make anything like a home out of it but it would I be allowed to spend any nights sleeping in it? If not then would the council be able to take action against me in the event of me popping for a few nights and then not being seen again for a few months?
About five years ago I built a log cabin in my garden but quite far away from the main house. Its quite a big structure, made from wood with a concrete floor and comprising of a shower room, two dressing rooms and an open plan combined kitchen and living room. It has separate access from the main house. It has full electrics and plumbing but currently shares it sewerage with the main house. To date this building has only been used as storage. It was constructed under permitted development. The council are aware of its existence and didn't seem bothered about it at the time.
What I would like to do is sell the main house and keep this building to use for very occasional accommodation while I am in the area. Having lived abroad in the past I know how invaluable it can be to have somewhere to just prepare a meal, keep a toothbrush and a wardrobe full of clothes.
Is what I am considering permitted? I'm not expecting to be allowed to make anything like a home out of it but it would I be allowed to spend any nights sleeping in it? If not then would the council be able to take action against me in the event of me popping for a few nights and then not being seen again for a few months?
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Comments
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It may need to be registered for council tax if you don't own the main residence anymore.0
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Where is the electric coming from?
Same with water?
Where is the waste water going?
Will the new owner be happy with you in their garden?
Have you bothered with building regs if your planning on making it a home?0 -
I'm honestly surprised the council allowed this under permitted development rules as it doesn't sound like it fits the criteria at all. Self contained living spaces are not generally considered to be incidental to the enjoyment of the main dwelling house.
You should consider applying for a certificate of lawful development before you do anything like this but I don't expect it would be granted.0 -
I can't imagine you'll find a buyer willing to let you stay at the bottom of their garden as and when it suits you. Can you fence it off so that it is a completely separate dwelling?Accept your past without regret, handle your present with confidence and face your future without fear0
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The building will have its own electricity and water supply. Ill need to discuss it with my solicitor but best case scenario for me is that the sewerage remains linked to the houses cess pit with me contributing to the annual cost of emptying it. If that is not possible then I will install a small klargester. Im too far away from the main sewerage drain to connect to it so I think im entitled to install a klargester.
I will start paying council tax on it as soon as the current plot is separated into two plots. With that in mind and with regard to the new owner of the main house I wouldn't have thought they'd notice if I was there or not. There are other houses much nearer to them than this building is and they will not own the land that its standing on anyway. As I have no intention of making a dwelling or home out of it I have not built it within building regs. The electricity has been done within regs however.0 -
The building will have its own electricity and water supply. Ill need to discuss it with my solicitor but best case scenario for me is that the sewerage remains linked to the houses cess pit with me contributing to the annual cost of emptying it. If that is not possible then I will install a small klargester. Im too far away from the main sewerage drain to connect to it so I think im entitled to install a klargester.
I will start paying council tax on it as soon as the current plot is separated into two plots. With that in mind and with regard to the new owner of the main house I wouldn't have thought they'd notice if I was there or not. There are other houses much nearer to them than this building is and they will not own the land that its standing on anyway. As I have no intention of making a dwelling or home out of it I have not built it within building regs. The electricity has been done within regs however.
So why will the same council that deals with building regs register it for council tax?0 -
Perhaps I could have phrased that better.
I would intend to pay council tax if it were possible.
Do you think it would be possible to register the plot for council tax?0 -
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Silver-Surfer wrote: »Is it fit to live in if it has no building regs?
That will be the councils stance.
Fair point.
As I say in my original post: I'm not expecting to be allowed to make anything like a home out of it but it would I be allowed to spend any nights sleeping in it? If not then would the council be able to take action against me in the event of me popping for a few nights and then not being seen again for a few months?0 -
A property doesn't have to been legal for it to be liable for council tax - a property without planning permission etc can still be a dwelling.
If it's self contained then there's a good chance it should already be registered for council tax.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0
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