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Can I stay in my outbuilding?
Comments
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You will need to apply for planning permission if it is to be separated from the main house. An annexe is allowed under PD only as long as it will remain ancillary the house.0
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A property doesn't have to been legal for it to be liable for council tax - a property without planning permission etc can still be a dwelling.
If it's self contained then there's a good chance it should already be registered for council tax.
Would that still be the case if the original dwelling was subject to the highest band of CT?
"You will need to apply for planning permission if it is to be separated from the main house. An annexe is allowed under PD only as long as it will remain ancillary the house."
I am a realist and I do value your comment but that is exactly the sort of statement I was least wanting to read.
Is that still the case even if the building has been standing for so many years without PP? Reading previous responses to my original post it sounds as though I may have had to apply for it before it went up.0 -
peachyprice wrote: »I can't imagine you'll find a buyer willing to let you stay at the bottom of their garden as and when it suits you. Can you fence it off so that it is a completely separate dwelling?
I think this is the real issue, but it sounds more like advice asked on how to make a Hillbilly claim, which is more common place than most think.
Address it to the council, end of.I like the thanks button, but ,please, an I agree button.
Will the grammar and spelling police respect I do make grammatical errors, and have carp spelling, no need to remind me.;)
Always expect the unexpected:eek:and then you won't be dissapointed0 -
Fair point.
As I say in my original post: I'm not expecting to be allowed to make anything like a home out of it but it would I be allowed to spend any nights sleeping in it? If not then would the council be able to take action against me in the event of me popping for a few nights and then not being seen again for a few months?
Yes, they can take action and I suspect that they would. You have a few separate issues.
a)What you are proposing effectively creates a new dwelling as it is no longer within the boundary of a dwelling. It needs planning permission. The liklihood of this happening is usually quite low as there is no presumption in favour of building on garden land.
b) If you did obtain planning, the building has to comply with building regs, which yours does not.
c) your outbuilding did not fall under permitted development as an outbuilding because it contains washing facilities and living accommodation. It is not ancillary to the dwelling and it required planning permission and to conform to building regulations.
You may be able to prove that the building has stood as it is for more than four years. If that is the case and you are not in what is called a 'designated area', then you can claim for a lawful development certificate.
As for building regulations, they are not limited by time for enforcement action but it is unusual for them to enforce after time, unless it's dangerous. That said, if you sell the building with the house you will need to provide indemnity insurance to satisify your buyers' mortgage company.Everything that is supposed to be in heaven is already here on earth.
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Short answer yes you can….Having been trawling the internet to find information that suits my situation I have had no luck so far so would like you to consider my proposal before I seek further advice.
About five years ago I built a log cabin in my garden but quite far away from the main house. Its quite a big structure, made from wood with a concrete floor and comprising of a shower room, two dressing rooms and an open plan combined kitchen and living room. It has separate access from the main house. It has full electrics and plumbing but currently shares it sewerage with the main house. To date this building has only been used as storage. It was constructed under permitted development. The council are aware of its existence and didn't seem bothered about it at the time.
What I would like to do is sell the main house and keep this building to use for very occasional accommodation while I am in the area. Having lived abroad in the past I know how invaluable it can be to have somewhere to just prepare a meal, keep a toothbrush and a wardrobe full of clothes.
Is what I am considering permitted? I'm not expecting to be allowed to make anything like a home out of it but it would I be allowed to spend any nights sleeping in it? If not then would the council be able to take action against me in the event of me popping for a few nights and then not being seen again for a few months?
But so many grey areas, ways to do it ? Property sale freehold, leasehold e.g retaining right to land etc defining land, if too define change of use and if so to what ?, You just wish to stay occasionally then caravan on land 28 days per anum achieves this simply?
There are a multitude of ways to be able to live on the land but post seams more of a fishing trip for free info unfortunately those that know its there living unlikely to offer info free and others are clueless and will cloud issue with building regs utilities, rates, council there only relevant with certain routes not others…
Council’s not going to tell you how you can live in your garden if you wish to know you’ll most likely need to pay the appropriate experts to find out….0 -
Would that still be the case if the original dwelling was subject to the highest band of CT?
"You will need to apply for planning permission if it is to be separated from the main house. An annexe is allowed under PD only as long as it will remain ancillary the house."
I am a realist and I do value your comment but that is exactly the sort of statement I was least wanting to read.
Is that still the case even if the building has been standing for so many years without PP? Reading previous responses to my original post it sounds as though I may have had to apply for it before it went up.
Yes, regardless how long it has stood, you would need to apply as it is a Change Of Use.0 -
Would that still be the case if the original dwelling was subject to the highest band of CT?
"You will need to apply for planning permission if it is to be separated from the main house. An annexe is allowed under PD only as long as it will remain ancillary the house."
I am a realist and I do value your comment but that is exactly the sort of statement I was least wanting to read.
Is that still the case even if the building has been standing for so many years without PP? Reading previous responses to my original post it sounds as though I may have had to apply for it before it went up.
The main banding of the property wouldn't make a difference if the Valuation Office were to decide the property was a dwelling (it would be banded individually )nor would the length of time it had been standing (lack of PP is not a barrier to them banding it if they deem it a dwelling).I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
So there are no easy answers then.
Will make contact with a consultant and see what they have to say. Thanks for all your advice.0
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