Retrospective Planning Permission

StaviP

Hi.
We renovated our double detached garage about 3 years ago and got building regs when doing it as extra space. It has a bathroom and a small kitchenette and the rest is open plan. Lately a friend of mine has been leaving in it, which was only meant to be for a few weeks but he has asked if he can stay on and pay us rent. Do I need to get retrospective planning permission for that? If so, will I get fined if he is there already? Is it better he moves out and then do it when the garage is empty? Will we then have to pay council tax as a separate dwelling? All the bills, electricity etc are through the main house, so it does not have its' own utilities. I am scared of calling the council in case we are doing something wrong and I get fined, but I do want to make sure everything is right. We are in Hampshire.

Thank you all

lewisa

Not sure on planning or what constitues a seperate dwelling etc, but when you come to sell, mortgage companies will not be happy about there being a 2nd kitchen and it could cause problems for buyers trying to get a mortgage on the place.

lincroft1710

As the "annex" has its own bathroom and kitchenette, it should have its own Council Tax band. As your friend currently occupies the "annex", he would be responsible for paying the CT.

davidmcn

And you don't get "fined" for not having planning permission. At worst you'll be told to stop doing whatever they've refused to give you permission for.

eddddy

Generally, it's very unlikely that you would get planning consent for creating a separate dwelling in a converted garage.

Approaching the council and/or applying for planning consent might draw attention to your friend's activities - which might increase the risks of an enforcement order.

The garage is probably classed as ancillary to your house. So you might get around a number of issues if your friend is a lodger, rather than a tenant.

Ozzuk

The problem you now have is that you are very likely liable for council tax on it now, and renting it out will just increase the number of issues (brings in question of legality). So doing nothing is not really an option - removing the kitchen probably a good idea before someone informs the council.

Cakeguts

It is better that he moves out and you remove the kitchen and don't rent it out to anyone else.

markin

What is the difference between a kitchenette and utility room? Just remove the oven/hob? microwave?

sheramber

As the annexe is capable ob being lived in and let to someone who is not family then you should probably have planning permission.

Similarly, as it is l then the occupant would be due to pay council tax.

CIS

It should be remembered that planning permission has no bearing on whether or not it is a dwelling for the purposes of council tax.

Removing a kitchen does not automatically mean that it will not be regarded as a dwelling for council tax purposes. The overall decision will look at the situation in more depth.

G_M

Tenancy law: Lodger? Tenant? Always a grey area with annexes and the precise circumstances make a difference:
* separate entrance?
* exclusive occupation?
* services (cleaning? bed linen?) etc?
* utilities shared?
etc etc


But there is a strong likelihood this is a tenancy, so make sure you comply with tenancy law and HMRC tax liability. Read:

* New landlords: advice, information & links


Planning.
Unlikely to contravene Planning law (see 'permitted development?) and anyway enforcement in most cases is limited to 4 years - one more year to go.......


Council Tax
See CIS's post above!


Insurance
May be invalid. Check.