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.

A side point / question to the above: If it was previously converted under permitted development guidelines from a garage to a residential part of the house, is a change of use needed? Of course, one can apply for a certificate to say that the change was lawful, but as I understood it it’s not actually required. Clearly a kitchen / bathroom / separate dwelling is another matter altogether, as are building regs.

The council wouldn’t accept any changes would make a difference. It was registered as an annex and the wouldn’t change that for any reason.

I think your mother is living there as a member of your household - not as a tenant.

Generally the conversion of an existing garage under permitted development rights is for an attached ( or proposed attached ) garage if it’s to be granted as residential. ( with no potential overlooking windows, inc in ht over and above etc.)
Otherwise it’s full pp required for residential or its given pdev as ancillary only. ( pdev as ancillary only is council / area dependent )

Clue’s in the ‘will be’.

The OP clearly knows that they may need planning permission in the future if their plans are to be made reality.

However, CURRENTLY, the building does not count as a self-contained dwelling, it is being used by a family member, and they all form a single household.

People can sleep anywhere they want to in their own house and garden. Who is going to stop them? If the OP’s mother decided to erect a tent in the garden and sleep in it for the next six months, she could. She be mad to do it in this weather, but she could. She could decide to make a bed for herself under the stairs. Unless she was being exploited or maltreated (which may have been a concern of the original, complaining neighbour) or unless the OP and her family decided to become slum landlords and rent out all these unconventional sleeping areas to theirs parties, it’s no one else’s business.

The problem is her mum is currently SLEEPING !!!! there
She can’t without being compliant.

ps. A tent is a completely different matter as it’s not, for example, a permanently fixed structure …..so irrelevant

Maybe you should check the links you post to make sure they back up your argument rather than contradict it before telling people they are wrong?

@MyrtleLion For a start, OP has a detached garage. The planning permission for the garage states "the garage and store should only be used for those purposes incidental to the enjoyment of the dwelling house as such, and not for any commercial or business purposes".

Detached garages with planning permission for purposes incidental to the enjoyment of the dwelling house usually require planning permission to be converted.

Noted. Thanks for your contributions.

Bowing out as I really can't be arsed and it obviously important to you that you are never wrong, even on a meaningless social media thread. I bet you're great company.

An old lady😂She's not in her 80s or 90s ,shes the same age as Kylie Minogue😂

@MyrtleLion
Others just been picked up on a posting of what you think agrees with you when it’s in complete disagreement with your thoughts.

At least that post now offers some evidence that OP is in fact in contravention

so that’s all good then

Think those posting might be in this industry, like myself and a few lurkers, so not surprising they are commenting really.

Of course she can! No one cares what you get up to in your own home, unless it’s criminal. There is no bedroom police that comes round inspecting privately owned houses to ensure that people are sleeping in rooms that they deem to be ‘compliant’. (Things have to be compliant with something anyway).

Exactly! You could have a bed in a garage just for sleepover guests. How are they going to police that the mother is sleeping in there every night? Just say she isn't.

Pfft.. People are way too compliant and fearful of jobsworths and the council. Who bloody cares...just say your mum sleeps inside if anyone asks. None of their business.

Why do people find it so hard to understand that if you use external cabin/garden room/garage as permanent extra living space in which someone sleeps you need planning permission?

Because they can have all the rules in the world but as NewFriendlyLadybird
pointed out, there is no bedroom police. So do what you like I say.

There is no bedroom police that comes round inspecting privately owned houses to ensure that people are sleeping in rooms that they deem to be ‘compliant’.
In fact, in the next village to us, planning did visit recently when there were reports of someone sleeping in the stables there - and not at Christmas. 😀I believe the "lodger" left, rather than cause their friends any trouble. (I vaguely knew the lodger, which is how I heard about it.)

At night? The council? yeah right.

There is a bedroom police it’s called the planning department.

😂😂😂 Don’t be so silly.

Im aware of the planning department. They dont come out at night to check whose in the bed. And even if they did they arent going to do it every single night. Just bloody lie! I would (and have).

At night? The council? yeah right.
Blimey, that's a bit rude! I guess that means you don't believe me. But in fact it's true, although I was surprised at the time, as they hadn't converted the stables. Although to be fair, I think planning visited during the day, following reports from neighbours. I don't know whether they would have pursued it, had the man stayed.

No I believe you. I dont believe they came at night - which you have confirmed. Clearly people panicked and then he left. I am just saying that neednt have happened. Id have just blagged it. Said it was temporary or he wasnt kipping in the conversion. But im more than happy to lie to avoid ridiculous rules.

Yes, so the mother should only use it occasionally and not as a bedroom

I'm a chartered surveyor. Sounds like property misdescription (breach of CPR) to me, by the selling agent. Did you take advice or get it valued before you bought?
You'll need planning permission and Building Regulations approval, so it's properly habitable; so when you come to sell or mortgage, it is a proper annex.
Has anyone else done the same in the area and set a precedent? Quite a few are building big garages with windows round us, then lo and behold - they morph into little dwellings.

Hi OP I've read your posts but not the whole thread so I'm not well versed in the arguments that others have made, but this is my two pence as a planning lawyer who has resisted the urge to delve into the legislation and case law on this matter.

The outbuilding has planning permission to be used incidentally to the main dwelling. If the outbuilding is now being used as a dwelling in its own right, there has been a change of use. Whether or not it is being used as an independent dwelling is a matter of fact and degree and requires the planning judgment of a planning enforcement officer. Things like it only having a temporary kitchen etc will be relevant. It is not cut and dry, so anyone advising that you're definitely safe or definitely not safe is not appreciating the nuances of planning law.

If your local enforcement team come out, be open with them. If they advise that planning permission is required and you let them know that it will be forthcoming that should be enough to prevent them from issuing you with an enforcement notice (or a breach of condition notice if the planning conditions attached to the original planning permission prevent it being used residentially).

If you are issued with an enforcement notice you aren't in "trouble", it will just require that you cease the use. You can appeal it. LA's should only take enforcement action where there has been a breach of planning control, and it's expedient and proportionate to remedy the breach. Planning enforcement teams are generally under resourced and may not even look into this for years, if at all.

Planning appeal decisions are publicly available so if you are worried you could search for planning appeal decisions revolving around outbuildings being used as a residential annex and see the main themes of the legal and planning arguments. Some changes of use are also granted permission by way of the General Permitted Development Order 2015 so it might be worth looking in there to check.

If you hear from your neighbour again thank them for their interest and assure them that you intend to fully cooperate with the local authority and planning law, and that it's all in hand. They will have the opportunity to publicly comment should any planning permission be applied for.