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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
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Experience:  Dual qualified Solicitor and Attorney
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Clare, I own and live in a 3 bed semi. I obtained planning

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Hi Clare,I own and live in a 3 bed semi. I obtained planning permission for a garden studio/workshop in 2003 and have worked from home in the studio/workshop ever since.I've recently been granted planning permission for the 'conversion and addition of a mezzanine floor to the existing workshop to form annexe/work space ancillary to main dwelling'. The permission has the following condition: 'The development hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling, and shall not be occupied as an independent dwelling unit'.My partner has bought a house in a town*****away, and the family will be moving there this week.Here's my question: can I rent out the 3 bed semi, and continue to work from my garden studio/workshop as I have since 2003? Would it also be possible for me to do add the mezzanine bedroom, so I can sleep there sometimes to reduce commute?
Customer: replied 12 days ago.
Here's my questions:1. Can I rent out the house and continue to work from the studio/workshop as I have since 2003?
2. Can I go ahead and add the mezzanine floor so I can sleep there occasionally to reduce the daily commute to and from our new home?
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Customer: replied 11 days ago.
I'm ok waiting for you to find an expert

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

1. Yes you could rent out the house and continue to use the studio/workshop just make sure that is all clear on the lease i.e. the studio/workshop is excluded from the lease and ensure you have access rights as well.

2. You can though it would need to be very much occasionally to avoid breaching the condition around a separate dwelling unit.

I trust this assists you in understanding your position however, should you have any supplementary inquiries, do not hesitate to ask and I will look to clarify or expand on my previous response.

I thank you for visiting the website and for the opportunity to assist you with your inquiry. If you have further questions, inquiries or queries let me know post haste and I will attempt to answer them. Otherwise I bid you a good day

Customer: replied 10 days ago.
Thank you for your reply - your comments assure me that I can continue to work there, which is the main priority. What is the council tax situation?If I retain access to the main house toilet in a rear spur, can I use the ancillary dwelling as such?

Well as it is not residential accommodation no council tax would be due on the workshop. The council tax is due on the house, which can either be paid by you or paid by any tenant as part of the lease. I trust this assists you in understanding your position however, should you have any supplementary inquiries, do not hesitate to ask and I will look to clarify or expand on my previous response.

Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 8287
Experience: Dual qualified Solicitor and Attorney
Jeremy Aldermartin and other Property Law Specialists are ready to help you
Customer: replied 10 days ago.
Thanks for clarifying the Council

No problem, take care.

Customer: replied 10 days ago.
Tax situation with regard to working from the Office/Workshop.

Happy to help, take care

Customer: replied 10 days ago.
Now that I have the planning permission to add a mezzanine to the studio/workshop annexe and change it's use to a dwelling, albeit ancillary to the house, is there a way to retain the 'ancillary' aspect, even though I'm not sleeping in the house? Perhaps I could retain access to the rear spur for use of the toilet and to read the electricity meter which supplies the annex?
I think that would be acceptable, I trust this assists
Customer: replied 10 days ago.
Would it be convenient to discuss the detail via a call?
I don’t see that’s necessary as I have answered your questions as far as I can tell. Let me know if you have follow up questions
Customer: replied 10 days ago.
By retaining the ancillary use with shared access to the main house toilet spur, does this then allow me to use the annexe as a dwelling?
Customer: replied 10 days ago.
In other words, to stay in it as frequently as a I wish, as I would be able to if myself or my family was occupying the main house. What I'm getting at here is the definition of 'ancillary' and when this does/doesn't apply.

No so you cannot use the annex as a dwelling, in essence the condition for the planning is that you can have the mezzanine BUT cannot use it as a dwelling and the use is ancillary i.e. a by product of the accommodation in the main house e.g. you have a workshop so you could use the mezzanine for say storage, any purpose really just not residential accommodation. I trust this assists you in understanding your position however, should you have any supplementary inquiries, do not hesitate to ask and I will look to clarify or expand on my previous response.

Customer: replied 10 days ago.
The planning permission Design Access Statement described how I want to move my elderly parents from Plymouth to Bristol to live in the main house, so I could care for them, and I would live/work in the annex. I'm unclear about the definitions of 'independent dwelling' and 'ancillary'. Does the annex only become an independent dwelling when it is no longer ancillary to the house?, and does ancillary use imply use by myself or my family living in both the house/annex? Does the definition of ancillary fail when someone other than myself or family occupies the main house?

Yes so in other words it basically says you may live in the annexe and work there whilst your parents live in the main house i.e. one household no separate agreement about occupation of the properties you are all one family. It is an annexe not a separate dwelling. If instead of doing that you rent out the main house and you stay in the annexe then they will be two separate dwellings because you are not living together with the stranger who is renting the main house. So you could exclude the workshop from the lease and still use it as a workshop because the prohibition is not against a separate workshop it is against a separate dwelling i.e. someone living there, so you cannot sleep there but can use it as a workshop. I trust this assists

Customer: replied 10 days ago.
Thank you for clarifying - your description makes complete sense.Is any work round possible? Is there any exception if the main house is a HMO and I'm technically resident there, sleeping in either the main house or annex? Or if I rent the entire site to the tenants in the house, and have a sub agreement for my use of the annex?
Possibly if you had the main house with a lodgers agreement so you are living there with shared access to the main house that could work. I trust this assists
Customer: replied 10 days ago.
That's interesting. Can I have 2 lodgers, with the 3rd room kept for me? Are there then any rules about whether I sleep in the house/annex?

Yes exactly and no there are no rules re Annex/house as long as technically you could sleep in the house i.e. by keeping a room for you then it is fine. I trust this assists

Customer: replied 10 days ago.
I will check with my letting agent to see what the practical pros/cons of this approach are in his experience. Thanks again for your help!

No problem, take care.