Living in garden room/planning laws

[Thehistorygirls]

This question is inspired by the thread about whether you would take refugees into your home.

We have been talking about this - I don't know for sure whether we would be up for it or not. But we do have a big/nice garden room with shower room and toilet which is the reason we've spent so much time talking about it.

But my understanding is that it wouldn't be legal to do this without planning permission, is that right? When we built it, we were told it didn't need planning permission but would do if it was ever a 'residence' rather than 'occasional sleeping room'.

Does someone staying in it for 6 months count as it being a 'residence'? Does anyone know? Anyone staying in it would still need to share our home, as it has no kitchen, so it wouldn't be fully self-contained. Just seems absolutely ridiculous if it wasn't possible to accommodate someone for this reason.

Does anyone understand more about the rules than I do?

Friends did this with a homeless friend of theirs. As there is no kitchen then I don’t think there is any issue OP.

My understanding is that you need planning permission if anyone is going to be sleeping in it.

Hmm, two conflicting answers. This is why I am confused! It doesn't have a kitchen so not self-contained 'residence'. And guests do occasionally sleep in it now. So I guess the question is whether a 'guest' sleeping in it for 6 months makes it legally problematic...

I came across this the other day but what I read said no bathroom facilities rather than no kitchen facilities. Can’t remember the source now though…

Yes, I've found various contradictory pieces of information about what constitutes 'self-contained living accommodation'. But no clarity on how that is defined.

If the people live there independently of you, so own address, self contained, no day to day interaction with you in the main house, planning permission is needed. Living as part of your family in ‘overspill’ space is fine.

Thanks @caitoftheCAntii - that suggests it would be fine. Elsewhere though I've seen it said that 'you can't use a garden room as a teenager's bedroom without planning permission'... even though that teenager would presumably live as part of your household?

Planning Portal is the best guide for this - there are lots of interpretations on the web, but most planning authorities will link to the Portal.

My neighbour is being prosecuted for building accommodation in her garden. She wanted it for family members. She has been told planning permission was required if anyone was going to be sleeping there.

I suspect the rule will be suspended in the circumstances.

It would seem ridiculous for the rule not to be suspended! So many people have built garden rooms since Covid, and it’s such an obvious ‘spare’ space. Ours is nicer than some bits of our house!

I think it’s a case of not getting caught. Although if you do get caught you’ll have to comply with the enforcement action quick to stop it going any further.
You are unlikely to get caught unless someone snitches on you or you advertise it for rental or the entire property for sale