Splitting extension from main house

mr_green_3

Hello everyone,
I have almost completed an extension to my house. When I bought the house there was planning permission for a two bedroom extension and I had to start it before the permission ran out or else I would have lost it. The extension consists of two bedrooms, bathroom, kitchen lounge and hallway. It is attached to the side of the main house for about three metres. Both are single storey and the main house has four bedrooms etc. This is far too big for us and the extension would do for us as we are pensioners. Now our son and his wife and children have expressed an interest in buying the original house and we have the extension, which would suit everyone. However, is it possible to now split the property as regards ownership and continue as two seperate dwellings. The permission was that the extension was a 'granny flat' ancillary to the house. Is there a way round it? or would we have to sell them the property as a whole. I would like to hear of any similar experiences before I approach my solicitor. Thanking you in anticipation

Pennywise

I think you will find that the planning conditions prevent the granny flat from being legally separated from the main house - usually the planning consent is quite specific that both "bits" must remain legally the same dwelling house. So, whilst you could almost certainly "block" any physical inter-connection and have them both as independent units, you won't be able to sell one without the other unless you go back to the council and ask for planning consent to do so. If your family move in to the house and you move into the granny flat, what you can do is for you all to jointly be the owners of the property, i.e. they pay you when they move in for a share of the whole - your solicitor is the best person to discuss the method of ownership (i.e. joint tenants or tenants in common) and you can maintain unequal shares of the house so that you family have a greater share than you do.

mr_green_3

Thank you Pennywise for your advice. There is no connecting door between the house and extension. Ideally they could be called semi or link detached. I spoke with my solicitor and he is of the same opinion as you. Perhaps if my son buys the house part and we live in the 'extension' we could later apply for planning permission to split them into two units. ( I suppose the Council would then get more in council tax) Thanks for your assistance.

Nenen

Maybe the experience of my family might help....

...My parents and sister bought a large house with a separate dwelling (converted outbuilding) a few metres away but the two places were sold as one property. The original PP for the outbuilding conversion had been granted under agricultural development and stated that the two homes had to remain as one property (they also had some land, barns and stables). My parents bought the property (with my younger sister and her husband buying an unequal share in the joint property).

My sister and family then lived in the outbuilding for a number of years. Eventually my sister wanted to sell her house and move so they applied for the houses to be separated as my parents wanted to stay. The council refused. My family then took further legal advice and found that there were some sort of precedence/bylaw (not sure which) that stated that if the minor property (my sister's house) had been fenced off and all their utility bills paid separately for a certain number of years (around six I think) then the council ruling could effectively be overturned. They went to appeal and won!:j:j

It would be worth taking legal advice or finding out about local bylaws precedence etc in your area. Don't give up at the first hurdle either!

mr_green_3

Thanks very much for that. I have noted that if something has been practiced 0r used for a particular number of years then you can set a precedent and overcome the councils arguements. I also want to get a change of use from agricultural use to domestic use and am in the process of obtaining affidavits to prove that the land has been used for storage etc for over 10 years, so i am told I have a good chance of obtaining a change of use.