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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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, we have a property which was given planning consent for

Customer Question

hi, we have a property which was given planning consent for ancillary to main dwelling. It is a separate house within the residential curtilage of the the property. The planniing was approved in 2008, we have used it as a holiday let and recently wanted to change the mortgage on to two buy to let mortgages and were told we would have to separate the properties on to two title deeds. It took us four months to do this but now the lender says they are not willing to lend as the property was only granted ancillary accomodation to main dwelling. We are stuck, we cannot get a mortgage and it looks like we will would have trouble selling the properties either together or separately??
thanks
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Could you please confirm that the "annexe" does share some facilities with the main dwelling?

I look forward to hearing from you.

Kind Regards

Al

Customer: replied 2 years ago.

Hi Al, what do you mean by facilities?

Fiona

Expert:  Aston Lawyer replied 2 years ago.

Hi,

I mean- for example a shared garden/driveway or are both totally separate from each other and could one be sold without requiring any right of way over the other?

Thanks

Al

Customer: replied 2 years ago.

The properties have shared access with one property retaining the access and the other property having rights of way.

Many thanks

Fiona

Expert:  Aston Lawyer replied 2 years ago.

Hi Fiona,

Thanks for your reply.

Well, you would have no proble

selling both of the propertes together- that won't be a problem at all. The fact there are are now 2 Title numbers does not affect this- it doesn't make it more difficult- your Solicitor will just prepare a Contract to include both titles.

The problem you will have is selling them separately. You will of course need to apply for full planning permission for the "annex" but whether the Council would grant this, I just couldn't say. You would need to speak to your Council planning officer for his views. Although there is a shared access, this wouldn't cause too much trouble from a legal point of view if the properties were sold separately.

I hope this assists but please let me know if you require any further clarification.

Kind Regards

Al

Customer: replied 2 years ago.

Could we apply for change of use from ancillary to independent residential? Some information on the internet indicates that there is a four year or ten year rule that you would not need to re-apply for planning?

We do not want to sell the property but rent it out rather than live in it or use it as a holiday let.

Thanks

Fiona

Expert:  Aston Lawyer replied 2 years ago.

Hi Fiona,

Thanks. Ther eis no set time limt as to when you can apply for full planning permission- the 4/10 year rules relate to developments that have breached planning permission, rather than a new planning application being sought.

You are therefore entitled to apply for full planning permission at any stage. Whether you would obtain it is a different question. Although I am not a Planner, there are strict guidelines as to whether a property can be granted full planning permission- for example, most Councils have a policy that there be at least 21 metres between any non glazed windows on each neigbouring property/each dwelling be at least 10 metres apart in the case of single storey properties and 13 metres if they are 2 storey.

I would therefor esugges that you speak to the Council or your own Consultant before proceeding.

I hope this helps.

Kind Regards

Al

Expert:  Aston Lawyer replied 2 years ago.

Hi Fiona,

Can I be of any more assistance to you?

Kind Regards

Al

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Can I assist you any further?

Kind Regards

Al

Customer: replied 2 years ago.

Hi Sorry for not getting back to you sooner - one more question do you know if full planning would be required or change of use?

Many thanks

Expert:  Aston Lawyer replied 2 years ago.

Hi Fiona,

You would need to apply for full planning permission.

If I have assisted, I would be grateful if you could rate my answers.

Good Luck!

Kind Regards

Al