Second home or annex?

Flugelhorn

njkmr said:

I would be tempted to register yourself in one property and your partner in the other.
You would then actually get single person discount on both properties.
Not saying this is legal but it's an option.

think plenty of people have thought what a good wheeze this is - but actually a couple can only have the one place so it won't work 

KittyMac

QrizB said:

Has the status of the annex changed recently?

If not, the previous owners will surely have known that it was treated as a separate property for council tax purposes? Was this not disclosed during your purchase?

Annex's still attract council tax and as their daughter was in there they were paying it - the only thing we were alerted to was the fact it could not be let as the property as a whole was for single family residency due to the deeds - which we now find out the council have no interest in. To go back and argue we were missold would be a nightmare!

lincroft1710

If there is no planning condition that the second building cannot be sold away from the main dwelling, then it is not an annex and I believe the council are correct in treating it as a second home. Trying to get a planning condition added that the second building cannot be sold separately would devalue your property

 

lincroft1710

njkmr said:

I would be tempted to register yourself in one property and your partner in the other.
You would then actually get single person discount on both properties.
Not saying this is legal but it's an option.

This would be CT Fraud. Not recommended!

lincroft1710

KittyMac said:

QrizB said:

Has the status of the annex changed recently?

If not, the previous owners will surely have known that it was treated as a separate property for council tax purposes? Was this not disclosed during your purchase?

Annex's still attract council tax and as their daughter was in there they were paying it - the only thing we were alerted to was the fact it could not be let as the property as a whole was for single family residency due to the deeds - which we now find out the council have no interest in. To go back and argue we were missold would be a nightmare!

You bought a property which clearly comprised 2 separate buildings both used as a dwellings, so you could hardly claim you were "miss sold". 

KittyMac

lincroft1710 said:

KittyMac said:

QrizB said:

Has the status of the annex changed recently?

If not, the previous owners will surely have known that it was treated as a separate property for council tax purposes? Was this not disclosed during your purchase?

Annex's still attract council tax and as their daughter was in there they were paying it - the only thing we were alerted to was the fact it could not be let as the property as a whole was for single family residency due to the deeds - which we now find out the council have no interest in. To go back and argue we were missold would be a nightmare!

You bought a property which clearly comprised 2 separate buildings both used as a dwellings, so you could hardly claim you were "miss sold". 

You are probably right but we were told we were buying a house with an annex for family use only not two separate houses. The main attraction of the house is it has no near neighbours.

Emmia

KittyMac said:

lincroft1710 said:

KittyMac said:

QrizB said:

Has the status of the annex changed recently?

If not, the previous owners will surely have known that it was treated as a separate property for council tax purposes? Was this not disclosed during your purchase?

Annex's still attract council tax and as their daughter was in there they were paying it - the only thing we were alerted to was the fact it could not be let as the property as a whole was for single family residency due to the deeds - which we now find out the council have no interest in. To go back and argue we were missold would be a nightmare!

You bought a property which clearly comprised 2 separate buildings both used as a dwellings, so you could hardly claim you were "miss sold". 

You are probably right but we were told we were buying a house with an annex for family use only not two separate houses. The main attraction of the house is it has no near neighbours.

Did you not view the property before purchasing it? Surely at a viewing it would have been clear there were two separate buildings (dwellings) on the site.

KittyMac

Emmia said:

KittyMac said:

lincroft1710 said:

KittyMac said:

QrizB said:

Has the status of the annex changed recently?

If not, the previous owners will surely have known that it was treated as a separate property for council tax purposes? Was this not disclosed during your purchase?

Annex's still attract council tax and as their daughter was in there they were paying it - the only thing we were alerted to was the fact it could not be let as the property as a whole was for single family residency due to the deeds - which we now find out the council have no interest in. To go back and argue we were missold would be a nightmare!

You bought a property which clearly comprised 2 separate buildings both used as a dwellings, so you could hardly claim you were "miss sold". 

You are probably right but we were told we were buying a house with an annex for family use only not two separate houses. The main attraction of the house is it has no near neighbours.

Did you not view the property before purchasing it? Surely at a viewing it would have been clear there were two separate buildings (dwellings) on the site.

We knew we were purchasing a single property with two dwellings, one of which was an annex (they had their daughter in there). It's the classification by the council due to incorrect planning permission that is causing the issue. From what I have now read even building an annex so parents can live with you but be independent is no longer something the government like you to do!

QrizB

The planning permission wasn't "incorrect" though; the council will only have granted what was asked for.

(Unless the records on the council planning archive show otherwise?)

KittyMac

QrizB said:

The planning permission wasn't "incorrect" though; the council will only have granted what was asked for.

(Unless the records on the council planning archive show otherwise?)

You are right in that they have granted what was asked for but what was asked for breaches a covenant on the title deeds for the property if it is not an annex. The man at the council said they are not interested in Covenants unfortunately. I have found lots of info on the net but nothing that clearly states what an annex is - as it shares our garden and has no access other than our driveway I would have thought that was enough.