Mum living in annexe - complaint made by a neighbour about this. Can we get in trouble?

[Motherof1and2dogs]

I will try to keep this as short as possible but as much detail as I can. Myself, my husband and my Mum all decided it would be a good idea to sell our previous homes and all move in together, this was down to many reasons, however the agreement was Mum was to have her own independence and own place to live so we agreed to find somewhere with an Annexe. The place we bought was advertised as an Annexe. When we viewed the property the Annexe at the time was just being used for a business and has no kitchen or bathroom, just a toilet so it was more like an outbuilding/ garage and not a proper annexe.

We have been in the new place since October 2024. The Annexe is not yet self contained, my Mum has to use our bath to wash and has a make-do temporary kitchen until we save up to get her a proper kitchen and bathroom fitted.

I have just had a neighbour knock to give us the heads up that another neighbour of ours has complained to the council that we have someone "living in our garage". Can we get in trouble for this?

Our plan was to contact the council when was was ready to start the building process to get planning permission and then make it a self contained Annexe, and understand we would have to pay council tax on this eventually but as it's just 2 rooms with a toilet I didn't think we would need to notify anyone? It doesn't have its own address and Mum uses our address for her post.

I am not really sure what to expect. I really hope this doesn't cause too many problems for us. I don't need this right now, we don't make any noise, I have a 2 year old and I am 14 weeks pregnant. I want to cry because we both work full time jobs, we work hard, pay all our bills, we are nice genuine people and we are being targeted already. One reason we moved is because we wanted a quieter lifestyle (moved from a busy town location to a small village) and it's not been the best experience so far :(

Could someone please let me know what could happen to us in this situation. I'm so worried we are going to have to move again.

But also the DM gets to live with her family close by to care for her in old age with no bills to pay ever again, and whatever little she had from the sale of her previous very humble home goes straight to her daughter while she needs it and not sucked up in care home fees later.

I am sure this lady weighed up the risks and decided it was worth doing anyway. She has the support she needs without having to worry about paying to maintain a property. Her DD has the opportunity to move to a bigger, better family home that is not shared ownership. Yes there are lots of things that could potentially go wrong, but when isn't there? Nothing is a safe and as watertight as it might seem when it comes down to it.

And to call it a shed is very unfair. By the sounds of things it's a brick built structure that's been nicely converted. And even if it was a 'shed' have you seen some of these timber framed chalet/cabin buildings lately? We had one in a previous house and it was bloody amazing. You could have lived very comortably and warmly in there for years providing it was well maintained. It wasn't so very different to those static park homes that plenty of people live in permanently.

Was the mortgage company made aware there is another adult living at the property? And on what bssis? Did your relative obtain independent advice before entering into this arrangement? If you have not been honest with your solicitor about the arrangements, you will not have been properly advised. As well as planning/building regs you could also be in breach of mortgage terms. I would also be concerned about safety, in the case of fire.

Council will only be interested if they believe you are
a. Avoiding paying council tax on a separate, self contained dwelling.
OR
b. renting out a substandard property to a third party.
Neither is the case here.

As I see it, both are the case here.

I'm amazed that so many people are so blasé about this. Really, would you all be cool about your neighbours housing people in their garages and other asorted outbuildings? Without proper change of use, building regs, persumably insurance since I really doubt that the insurance would be valid if the insurers knew that there was someone living in an unconverted garage.

I am sure this lady weighed up the risks and decided it was worth doing anyway. She has the support she needs without having to worry about paying to maintain a property.
The mother is younger than me, and doesn't need any support at the moment. She may not need support for twenty years, and by then, the daughter may not be in a position to provide it.

Op it sounds as though the person who sold it to you was not entirely honest. You need to check if the garage had power when it was built and if that met building regulations at the time. You havent mentioned any later building regulation approval to use it as office space. There may be no consent for the drainage from the toilet, as one example.

Ask the council about permitted development rights - you always need building regulation approval but you might not need planning permission.

I think you just need building regs for the conversion.

'I'm amazed that so many people are so blasé about this. Really, would you all be cool about your neighbours housing people in their garages and other asorted outbuildings?'

Yes. A neighbour changed their garage into part of their house so it is now 'lived in', does not affect me in the slightest.

A sure fire way to ensure the DM does not lose out is to have her down as a tenant in common. That’s the very least that should happen for her own financial security.

If this is to be an independent dwelling and not an ancillary dwelling you need planning permission.
Permitted development rights do not cover annex’s such as this @anyolddinosaur

Our neighbour didn't. Single storey extensions and conversions don't need regs they were told. If they then used the extension as a shop or business that would need change of use obviously.

An annex is likely to have to pay council tax. My parents recently moved into a house with an annex, which they don't use or rent out etc. and it would require work done to be habitable (e.g. it has no sink). And it is not self contained with it's own address etc. But the council maintain that it could be made into a dwelling at any time and therefore it is subject to council tax. If you are able and willing to pay council tax on the annex then it will be fine. If that will be a stretch for you I appreciate it may be difficult. But similarly to you, the previous owners of the property had converted it, following all planning protocol and with necessary permissions. But, once complete, they were never billed for council tax. It was only when the property changed hands that the council began saying that the annex had to pay council tax.

That’s because their extension and conversions must have been used as ancillary to the main building.
Ancillary ie not separate.

OPs annex dwelling will act independently from OPs house

Creating permanent sleeping accommodation in a garage will require building regulations will require the planning permission and building regulation processes to be followed.

Your neighbours single-story extension isn't relevant.

Ps.
I think you mean planning
They all need regs ie Building Regs

The neighbours concern is slippery slope.
If it only got business use she shouldn’t be sleeping in it. I’d be concerned for her safety as it’s not been built to residential standard it might not be safe if there was a fire.
There was a thread on here years ago where neighbours had converted separate garage in back garden to a gym (with toilet) then illegally rented it to a family so all sorts of noise, cooking smells plus concerns re overcrowding.
Lots try and circumvent planning rules by having permission for separate annex offices/gyms etc but actually they are lived in.
We have a separate big converted garage to use as a home office. It’s actually same size as some 1 bed retirement bungalows recently built nearby. Someone could live in it easily but if they wanted to but we’d need pp we just couldn’t move mum in. We have a sofa, fridge freezer, desk in there.

This reminds me of a thread from yerars ago, where a neighbour built a gym right up to the boundary line and started moving furniture in. Posters were all up for contact the council and how dodgy this was. The same applies here, however much the OP os trying to spin it.

I think you need to be very careful OP. What used to be a garage within the grounds of the main house has been given its 'own garden', had plumbing added, been fitted with flooring etc that is suitable for residential rather than storage, and kitted out with kitchen equipment.
To an enforcement officer this may look very much like an attempt to incrementally circumvent the usual planning process that would happen if someone wants to split their property and create an extra house in the grounds to then sell-on further down the line.
Splitting large properties and in-filling does affect the neighbours more generally as it puts pressure on local schools etc. also people who are used to privacy now find themselves overlooked when people convert buildings and put windows in. Certainly these are both recent issues in the village where I grew up, and local planners have enforced remedial works on the new properties. I'd consult a lawyer to understand what you can and can't do, as soon as you can.

No what PP are saying is that as it's a separate, self contained property, councils are now charging separate council tax to the resident of these annexes! Bloody greedy

Just say your mum lives with you as part of the household. You are using incidentally to the use of the main house as a bedroom - and its doesn't have a bathroom or kitchen so she uses yours.
You may actually not get planning permission to use it as a separate dwelling but if your mum is counted as part of your household then that should be ok.
The PP says not to use for business or commercial use so just prove she isn't paying you rent so it's not commercial use. She just sleeps out there as the house isn't big enough. But still uses kitchen/bathroom facilities at the house.

I expect the neighbours objected to it being built so have been keeping an eye on it's use. Can you plants trees or anything to flgive you/your mum some privacy as well?

Oh just seen she has cooking facilities in there. The lack of bathroom keeps it incidental.
You need to use it as the current planning permission says you can.

OPs mum doesn’t currently have permission to sleep there.
It cannot legally be a bedroom without permission
Ancillary does not = bedroom,

This is called "beds in sheds" and some councils prosecute this. It's because people aren't properly housed.
Could she live in the actual house until you get planning permission (or not) and do it up properly?

That’s the one I remember from years ago. The council did get involved I think. It was a real nuisance for the poster living next door.

I would think the complaint was made out of concern for your mother, not out of any venom towards you. Most likely the person does not really know you and it looks a bit dodgy from the outside.

If you are contacted about this, just explain it is a temporary thing until you get a bathroom and proper kitchen installed.

I have to say i am surprised your mum was prepared to sell up and go into inadequate accommodation with no clear date of when work will be done. Did you not have enough money left over to do the work? It does not seem fair to your mother but I suppose she would have said if she wasn't happy with it.

Please do try to get this work done asap, then your mother can have her own bills and council tax, and be properly self contained. You need the plans drawn up first.

You say you are pregnant and will presumably be going on maternity leave; I do hope you will be paid for that time.

@Cakeandusername i agree about the fire risk. We have an attached garage and we converted half to an office - I was astonished how stringent the fire regs are. My builder explained it all, and it suddenly made sense.

@op, ignoring all the other noise about pp and council tax…please get a builder to give an opinion on fire safety, especially if the annex was built some time ago when regulations may have been less rigorous. It would be horrific if your mum was injured in a fire whilst sleeping in an office conversion that wasn’t intended as a bedroom.

best of luck it sounds like a perfect solution and hopefully you can woo the neighbours and persuade them it won’t be the thin end of a wedge. And you will be wonderful neighbours I’m sure.