Council Tax Guidance for Properties With Separate Dwelling Granny Flat / Annexe

lincroft1710

Are you trying to get a Lawful Development Certificate?

CIS

SteeleyScott said:

 Where is the literature that states it needs to be banded under Article 3 to qualify for the 50% off?

Regulation 3(3)(a) - https://www.legislation.gov.uk/uksi/2013/2977/made

RE: The planning restriction, what is the 'fact', in after the fact? as in when it was first built? If they wont add it, does that mean this just can't ever be added?

If the planning condition was not added originally they'll not add it retrospectively. If it's not in place then the Class T cannot apply.

lincroft1710

It is very rare for an annex not to have a planning condition that the annex cannot be sold separately from the main house. 

SteeleyScott

CIS said:

Regulation 3(3)(a) - https://www.legislation.gov.uk/uksi/2013/2977/made

thanks 

CIS said:

If the planning condition was not added originally they'll not add it retrospectively. If it's not in place then the Class T cannot apply.

Mentioned in a previous post though, it would appear the only planning permission applied for and granted was to build the building as an extension behind the garage. Would the planning condition have had to have been part of that? even though back then this building was not an annexe? I can't how that could apply if it was just an "out house" back then.. Or am I really missing something obvious here? 

OR If planning don't know that this is an annexe yet, Does that not essentially put me at the drawing board with annexe planning, giving me a window to make this a class T?

SteeleyScott

lincroft1710 said:

Are you trying to get a Lawful Development Certificate?

Honestly im not sure - never been through this process before. If permission was granted for this building to exist as an extension behind the detached garage. Are there further permissions needed to convert that into an annexe? if so, Im not entirely certain the previous owner has done the latter. I can see permission granted for the building, but no correspondence regarding it being an annexe.

lincroft1710 said:

It is very rare for an annex not to have a planning condition that the annex cannot be sold separately from the main house. 

That's the more detailed description of a class T right? The double negative in that sentence has confused me. You're saying, it is very common for an annex TO have a planning condition preventing it from being sold / let separately from the main house?

As mentioned above though, IF this has only had planning permission for the building to exist, but local planning don't know its an annexe yet, it wouldn't have any annexe specific planning conditions would it?...  If so does that then give me the window to add the condition that it can't be sold/let separately from the main house, with a view to being exempt from council tax?

SteeleyScott

Bumping this, thanks

lincroft1710

It seems there is pp for the erection of a single room building behind the garage.

But it seems there is no pp to convert the room into a self contained annex or second dwelling (main house being the first).

Therefore there is no restriction on selling the annex separately, therefore Class T won't apply.

To apply for an LDC you would need to supply information which you would only be able to obtain from the previous owner. If the conversion is more than 4 yrs old then there is little point applying for an LDC as no enforcement could be taken by planning against the apparent unauthorised usage. If you did apply, bear in mind an LDC can be refused and you would be forced to return the annex to a single room without facilities. If granted it is extremely doubtful any restriction would be attached.

You personally cannot add a condition of planning restriction, only the planning authority can do that. 

My personal opinion would be to avoid any contact with the planners and just accept the fact that a Class T does not apply. Contacting the planners may cause unwanted problems.

SteeleyScott

lincroft1710 said:

It seems there is pp for the erection of a single room building behind the garage.

But it seems there is no pp to convert the room into a self contained annex or second dwelling (main house being the first).

Therefore there is no restriction on selling the annex separately, therefore Class T won't apply.

To apply for an LDC you would need to supply information which you would only be able to obtain from the previous owner. If the conversion is more than 4 yrs old then there is little point applying for an LDC as no enforcement could be taken by planning against the apparent unauthorised usage. If you did apply, bear in mind an LDC can be refused and you would be forced to return the annex to a single room without facilities. If granted it is extremely doubtful any restriction would be attached.

You personally cannot add a condition of planning restriction, only the planning authority can do that. 

My personal opinion would be to avoid any contact with the planners and just accept the fact that a Class T does not apply. Contacting the planners may cause unwanted problems.

Thanks that has summed up what I thought was the case. 

So the 50% reduction then, I can still pursue that without an LDC?

And what about in future if/when this becomes a Class W, would I need an LDC for that, then? 
It would appear this annexe has stood for 13 years.

lincroft1710

If you use the annexe as part of your main home you get 50% reduction on the annexe's CT bill, this is not dependent on planning consent or restriction

Class W is again not dependent on planning consent or restriction.

An LDC is for regularising a breach or absence of planning consent, if granted there will be no restriction attached, especially after 13 yrs! Do bear in mind that any planning restriction would devalue your home.

SteeleyScott

Interesting, well the rationale for pursuing the class T wasn't only for an exemption in council tax. It was also from an anxiety that clearly neither the mortgage broker, conveyancer or mortgage lender was aware that this property had an annexe when we completed it on it. I have read properties with annexes can be an issue for some lenders due to the potential of letting the annex out. The proposal to restrict the letting of it (class T) was also to ensure this doesnt become an issue at the end of our fixed term when we're potentially going to remortgage..... if that makes sense? 

For the 50%... what formal procedure do I need to do to get that reduction? 

Lastly, if it's only Class T that IS dependant on planning / restriction, Interestingly then, why would anyone pursue putting a planning restriction in place if it devalues the overall property?  What is the advantage of a class T?