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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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i have built a large outbuilding in my garden with building

Resolved Question:

i have built a large outbuilding in my garden with building regs. it was signed off 2 months ago and now the local council are asking about its use,for which it is an annex for my mother.what can the council do if i tell them the use?

regards
chris
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

Did you obtain planning permission for the outbuilding or was it built in accordance with permitted development rights please?

Josh-2010 :

Does the outbuilding have a kitchen and bathroom?

Customer:

hi, it was built under permitted development...

Customer:

yes it has both

Josh-2010 :

Thanks.

Josh-2010 :

Converting an outbuilding in your garden into an annexe for accommodation doesn’t require planning permission as it constitutes permitted development, so long as the use of the annexe is ‘incidental to the enjoyment of the main house.'

Josh-2010 :

The annexe can be used as accommodation as long as it is occupied only by guests, members or dependents of the main household. It cannot be let to anyone without getting planning permission for ‘independent use’.

Josh-2010 :

If the outbuilding has its own kitchen and bathroom and the council know this the sting in the tail is that you are likely to receive a separate council tax bill for the outbuilding - usually band A. The only way to defend against this is to remove the kitchen. Many people have the outbuilding inspected before adding a kitchen and then quietly add a kitchen later on without the council "needing to know" in order to avoid a separate council tax bill being assessed.

Josh-2010 :

Is there anything above I can clarify for you?

Customer:

thanks, XXXXX XXXXX what i have done but now the council are asking about the use as they say they have recieved an enquiry about it, do i have to let them inspect or can i refuse and simply inform them of its use.

Josh-2010 :

There is no difficulty in advising them that it may be used as an annex to your property for your mother - providing you are mindful about the council tax issue. Providing its dimension and location etc are within permitted development requirements there is law against this. An enforcement officer if dispatched has powers to require you to allow them to inspect if necessary so there is little point in being uncooperative entirely.

Customer:

i see...so if i am completely transparent with them they should be helpful? worst case is they will charge me council tax but they cannot make me apply for planning as this was built under permitted development?

Josh-2010 :

Providing you do not use it for a purpose independent of the main dwelling (i.e.. letting it out or selling it) the proposed use is permitted.

Customer:

thank you josh.... wish me luck...lol i will phone them soon...

Josh-2010 :

A pleasure.

Josh-2010 :

If I can assist any further as the situation develops please do no hesitate to let me know.

Josh-2010 :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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