Ask a Law Question, Get an Answer ASAP!
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.
Hi Al, what do you mean by facilities?
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?
The properties have shared access with one property retaining the access and the other property having rights of way.
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.
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. 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.
Can I be of any more assistance to you?
Can I assist you any further?
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?
You would need to apply for full planning permission.
If I have assisted, I would be grateful if you could rate my answers.