Enforcement Notice on Annexe - new house

Hkg98

Everything was going well once we moved in on 22/1/21 until 2 things happened:

1. Last week we got a visit from the council planning enforcement team saying that the annexe room above the garage cannot be used for renting (I.e. Air Bnb etc which we had done) as it not allowed by the planning permissions – apparently it was approved as a ‘blank room’.

This was news to us as:

1. the sellers openingly told us that they used that room for renting out and had been doing so since it was built. There were tenants in the room when we visited twice before putting an offer in. Note: There was nothing in the forms/documents that they sent us (e.g. TA6 etc) that stated that there were any planning restrictions

b)      Their agents – knew about the renting and in their website referred to the annexe as “with a self-contained studio apartment”

-          What is our legal position, considering that we didn’t plan, build or knowingly deceive the council with this

1. We also received a council tax specifically for the annexe and when I phoned the council, I was told that this has its own address since at least January 2020!

• We were totally confused by this and whilst investigating issue 1 above, we found this email that our solicitor sent to us on 10th December from the sellers solicitors specifically saying that the annexe does NOT have a separate council tax

What are our rights here as we seem to have been doubly tricked by the sellers (planning restrictions and council tax). Note: We believe that the sellers have emigrated. 

 

theartfullodger

You have the right to apply for appropriate planning approval.

Talk to whichever solicitor handled the sale, they'll have all the relevant paperwork.

davidmcn

Have you checked the planning consents yourself yet? Had your solicitor? Did your solicitor know about the annexe and the proposed use? What did they tell you about the planning position? Had the planners been in touch with the vendors before completion of the sale about this?

As above, the planners need to give you an opportunity to make an application first before they can take further action - what the chances are of that being approved, I don't know.

ProDave

I see a conflict.

The Annex has it's own address and own council tax bill.

The planning permission prohibits it's occupation as a dwelling.

Therefore it cannot have a council tax bill.

Put that conundrum to the council. As a very minimum they should either allow residential use, or delete the council tax listing,

theoretica

When was it built and how long had it been used for renting out?

lincroft1710

ProDave said:

I see a conflict.

The Annex has it's own address and own council tax bill.

The planning permission prohibits it's occupation as a dwelling.

Therefore it cannot have a council tax bill.

Put that conundrum to the council. As a very minimum they should either allow residential use, or delete the council tax listing,

Doesn't work that way


If the annex is a self contained dwelling in its own right then CT legislation means it should have its own CT band. The PP does not prohibit occupation, just renting out which is very common with annexes.  The annex can be used by a family member or relative, especially an older person. 


Councils cannot delete CT listing, only the VOA (Eng and Wales) or Assessor (Scot) can do that

caprikid1

lincroft1710 said:

ProDave said:

I see a conflict.

The Annex has it's own address and own council tax bill.

The planning permission prohibits it's occupation as a dwelling.

Therefore it cannot have a council tax bill.

Put that conundrum to the council. As a very minimum they should either allow residential use, or delete the council tax listing,

Doesn't work that way


If the annex is a self contained dwelling in its own right then CT legislation means it should have its own CT band. The PP does not prohibit occupation, just renting out which is very common with annexes.  The annex can be used by a family member or relative, especially an older person. 

I should also add that Air B&B is another level for most councils ...

Freecall

ProDave said:

I see a conflict.

The Annex has it's own address and own council tax bill.

The planning permission prohibits it's occupation as a dwelling.

Therefore it cannot have a council tax bill.

Put that conundrum to the council. As a very minimum they should either allow residential use, or delete the council tax listing,

As lincroft1710 says, this is not how CT / PP works.

The PP controls land use so it is completely legitimate (and common) for there to be a restriction on occupation.

CT applies if the annexe is self-contained.

Not directly addressing the OP's issue but what CT banding does the annexe have?  It should be very low as the structure has a near zero market value as it's permission restricts use to such an extent. 

lucypilates

Do you know how they knew to investigate you? Was it linked to the change of Council Tax account holder details?
How did the previous owners get away with renting it undetected?

Hkg98

We don't know for sure, I'm suspecting it's linked to council tax, but it could be a neighbour, although we hardly know anyone  

Hkg98

theoretica said:

When was it built and how long had it been used for renting out?

Built in late 2019, rented out whole of last year, up until we moved in