Unregistered Annex/Second home?

RachP87

Hi All

Apologies if this is not the correct board but I am just looking for some advice for my dad.

Years ago (at least 20 I’d say) he built a house on the side of his house for my Nan to live in. It was all his land, and at the time, the council wouldn’t let him register it - they said it was just classed as an annex (He has all the drawings, planning permission & paperwork confirming he didn’t need it registered etc)

unfortunately my Nan has recently passed away and my dad is looking to sell up. The question is, as my nans house is unregistered will he be able to sell it as one house? Or will he have to get land registry amended to split his boundary line for the 2 properties in order to sell as 2 houses

Basically trying to work out what his CGT would be, which obviously is different if my nans is classed as his second home. I am not sure who he would need to speak to for advice, would it come under tax/accountants or estate agents/solicitors? 

housebuyer143

RachP87 said:

Hi All

Apologies if this is not the correct board but I am just looking for some advice for my dad.

Years ago (at least 20 I’d say) he built a house on the side of his house for my Nan to live in. It was all his land, and at the time, the council wouldn’t let him register it - they said it was just classed as an annex (He has all the drawings, planning permission & paperwork confirming he didn’t need it registered etc)

unfortunately my Nan has recently passed away and my dad is looking to sell up. The question is, as my nans house is unregistered will he be able to sell it as one house? Or will he have to get land registry amended to split his boundary line for the 2 properties in order to sell as 2 houses

Basically trying to work out what his CGT would be, which obviously is different if my nans is classed as his second home. I am not sure who he would need to speak to for advice, would it come under tax/accountants or estate agents/solicitors? 

He can't sell it unless it's split into a second dwelling and has its own title number on the land registry.
It may need planning approval before it can be split?
He can sell his house with the annex, but not the annex on its own.

jonnydeppiwish!

Is he selling the whole property or just wanting to sell the annex? He can sell it as he’ll just sell the whole property as one.

lincroft1710

Many planning permissions specifically forbid the sale of an annex separate from the main house. Your father should check the conditions of the pp

propertyrental

and assuming the pp issue is OK'd and he sells the anexe separately, he could do the split as part of the sale (rather than before).

Use Land Regisry form TP1 (Transfer of Part) instead of TR1 (Transfer of Whole).

RachP87

lincroft1710 said:

Many planning permissions specifically forbid the sale of an annex separate from the main house. Your father should check the conditions of the pp

Sorry I should have specified he is looking to sell them as one if he can but he isn’t sure if he will be allowed, but sounds like it should be ok - thank you for your reply