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.

OP I really recommend getting some legal advice as this could save you a lot of money.

You might be able to convert the garage in such a way that it does not attract council tax (e.g no separate kitchen) or you might be able to rely on a Class T council tax exemption when your mum reaches 65 and then add the kitchen then without it.

if you purchased the house before the multiple dwellings stamp duty released was abolished and you did not benefit from a stamp duty reduction then this fact could also potentially be useful evidence that it is not a separate dwelling for the purposes of Council tax.

Arming yourself with advice in this area, or at least doing some heavy duty research means troublesome neighbours can’t make complaints/reports that mean your DM is not allowed to use the annexe or it triggers a council tax charge unnecessarily.

Here is a link to a law firm note on annexes: https://www.buckles-law.co.uk/blog/when-is-an-annex-not-an-annex-part-one-the-dangers-of-jumping-to-conclusions/

a local authority’s summary of when Council tax exemptions and discounts are to be given in relation to an annexe: www.ipswich.gov.uk/council-tax/discounts-exemptions-and-empty-properties/annexes

It isn’t a separate property yet as it doesn’t have a kitchen and bathroom. Neighbour is just shit-stirring.

There was a family in my daughter's school nursery with twin daughters. I assumed the older woman picking them up was their grandmother.

It turned out that she was a nanny and lived in the garage. The mother of the family was a GP!

But the occupants will be using services, roads, street lights, rubbish collections and so on. So they should be paying council tax.

Yes, and OP will need to pay a one-off infrastructure charge to both water and electricity companies once the annexe is given permission as a dwelling. This cost will be well over £1,000 depending on the supplier.
I think the conveyancing solicitors have been remiss in not pointing all this out.
I worry about the safety aspects of this dwelling. I do hope the cooker is wired in safely.

OP, first of all you should go onto your local council planning page, go to the 'search for a planning application' section and look up the details of the planning application for when the garage was converted into an annexe, if there was one. It might have been done under permitted development, which doesn't need permission.

You should also contact the planning department, no point worrying about it you need to speak to them.

You need some expert help. This might be a useful place to ask: https://www.facebook.com/groups/363465297488628

You bought the property in good faith so although this is a pain, there's nothing to feel awful about. It sounds as if your solicitor may not have been careful enough advising you about the annexe. If the previous occupants converted a garage to create it (but did they?) or put up a new garden building, then you should have been given documentation showing that their builders followed building regs, amongst other things.

Talk to the council and ask them what kind of alterations would lead to you having to pay council tax, if that is a concern. There may be some initial information on their website. I believe that if the annexe shares some essential facilities with the main house then you won't be liable, so continuing to share a bathroom might actually be a good plan. Or possibly sharing a laundry room would be enough.

I’m afraid you are in breach of planning laws. Before your mum started sleeping there you should have got planning permission and ensured the building met residential building regs IF planning permission was granted. The best case scenario is that your mum moves into the main house while you apply for residential change of use planning permission, it goes through and building work to meet building regs is done. Fingers crossed. Worst case scenario is that residential change of use planning is refused and your mum has no home. How much did she invest in this property? The reality is that she now has no security at all - the garage/office is not an home and may never be one - she has no rights of ownership in the main house and you could evict her at the drop of a hat, or your husband could leave and get half. She’s put herself at risk of homelessness and she’s only 58. I can’t believe none of you looked into the legalities of this. https://www.just-planning.co.uk/permitted-development-rights-outbuilding-reasonably-required/#:~:text=The%20use%20of%20the%20outbuilding,a%20living%20room%20or%20bedroom).

Hang on, she’s not said if they instructed the solicitor on changing it to residential and having her mother live there immediately or if it was just conveyancing, the solicitors do the job requested.

amd they have provided her with rhe docs saying exactly what it is to be used for.

Hi op, no I don't think you will get in trouble at all. I do think once you add a proper kitchen/bathroom it will be subject to council tax as my parents have something similar. All that will happen is the council will come out and inspect it, if they feel it is liable of council tax, it will be banded and backdated but I think if I remember and some PP's may have already said this then it needs to have a kitchen/bathroom in to be liable (but I could be wrong)

This.

Is this annexe attached to the house or a separate building?

I know how I would treat this busybody neighbour,completely ignore him/her & get on with life. Your mother is happy with the circumstances & unless the council come knocking at your door you can assume they have no issue with it. Obviously if you want to add a kitchen etc you will need to apply for planning permission until then forget this happened & enjoy your new home. Some people have nothing better to do.

Slightly off topic. To all the people on here moaning about their neighbours having annexes - if it's all above board (no modern slavery and correct planning permission etc etc), why does it affect you?

I've lived in an annexe before because that was all I could afford as a single person.

I meant that if there were likely to be any limitations to the use of the annex, a good conveyancing solicitor would have flagged them up. And made sure the paperwork was supplied if the previous occupants converted it. But not all solicitors are that thorough I guess.

From the OP's posts, it doesn't look like the 'annexe' ever had PP to change use from garage/store to business/office use anyway.

Would still be interesting to see if planning was applied for and declined though.

I really wouldn’t be getting a builder to advice on fire safety
They are not liable for their mistakes.
no offence to all the builders out there

If it was originally used as a business the council may want you to change the use of purpose and once you put the kitchen in start charging council tax but do folks have nothing better to do with their time ?

Bit pointless, as if the council have been notified then it is only a matter of time before the council comes knocking due to the breach,

Yes. I work adjacent to this field and have a lot to do with planning, and DH is a planner, so I have a good general knowledge of the system. The problem is that the building regs sign off for the construction of the garage/conversion to the office will have been done as appropriate for those uses. Residential buildings are another ball game all together, and include a higher level of health and safety requirements as well as energy efficiency. This building is not safe for a person to sleep in as it stands. OP should be very concerned about this on her mother’s behalf. In addition, it clearly does not have permission for use as a residential building from the wording the OP herself has supplied. So likely to be illegally occupied on two counts.

The local authority may never allow this conversion to resi. The possibilities should have been explored by OP with the LPA before they went ahead with the purchase; anyone can apply for PP on any property even if they don’t own it, so that principles like this can be tested to inform plans for a purchase, or not, depending on the outcome of the application.

The rules are different in each area but I have read that even if it is a self contained annexe you can have someone who is a family member live there without paying council tax

The garage has planning permission for use incidental to the dwelling - that means it doesn't have planning permission to be used as a standalone house or even annexe which is what you are wanting to use it for.

If it was just being used as a bedroom, and your mum had to use your kitchen and bathroom then That would be incidental or ancillary to the main house.

If your mum has her own kitchen and bathroom as well as bedroom and didn't need to use your house for anything, you are likely to need planning permission.

Speak to the council for the steps to follow.

If it's a separate building its not really an annexe. You need planning permission for somebody to live in it AFAIK.

'mum only lived in a mobile home before, we were shared ownership with debt to be cleared, the agreement was for us to move to a better area, we both sell (not getting a huge amount as mums was only a mobile a home and we was only shared ownership and only there for 3 years so didn't have much coming back our way) and clear our debt.'

' my partner earns well so saving will only take months. '

does one statement not contradict the other ?

what was the hurry to move ?

surely it would have made sense to pay off the debts first if as you claim your partner earns well

and you are pregnant - will you be on 100% pay during your maternity leave ?

otherwise will this well earning partner be able to save all thus required money in ' months ' ?

or is the idea all this saving will have taken place before baby no 2 arrives.

You are in your 3rd or 4th month actually in the property how has the savings progressed in that time.