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.

This scenario has just been in the news (although I think the householders built the annexe themselves)

This happened 11 years ago and they didn't have permission and haven't paid council tax

They were dobbed in by a 'friend'. I'm not sure of the outcome but the annexe is definitely coming down

Your further description sounds like you'd have to pay council tax. Crazy though it seems. Annexes have become a big deal for upping council revenue in recent years.

What is the planning permission granted at the moment for the garage/office? I think understanding that is key.

@narniabusiness when it was first built there was planning permission, we saw those documents during the process of buying the property. This has already been approved. It was built back in 2012 I think, but because my mum has moved into it, that's why the neighbours have complained to the council. We haven't done any further work to it since, just moved mum in with her furniture and plugged in a cooker and fridge. We haven't started any other further work inside yet which I know we will need further planning permission to build in a proper kitchen and bathroom.

If there is no planning for it to be “accommodation” then you have a problem with her living there.
Previous owners were prevented from putting full bath & kitchen because it is not approved as “accomodation”

You will be denied this conversion by your council … it was prob already denied by previous owners. Look on the planning approval portal for your council to see what approvals were for “annex”. Also, u can see if any neighbors have got approval.

It may have been built with permitted development where you can build a home office but it can not be a dwelling. Both my neighbours have done this and I will say something if someone lives there. Maybe the neighbours were against the annexe, couldn't say anything and now they have their reasons.

You need to speak to the council. It is being used as a separate residential dwelling and may be liable for council tax.

Why wouldn't you just mind your own business?

You're probably in breach of planning control. How the "annex" was advertised doesn't matter. Your solicitor should have explained to you the rules about how it could legally be used. If she didn't she may have been negligent. The local authority can take "enforcement" action to stop you using it as habitable space. They might not bother though.

Rules is rules!

@Donotgogentle yes, had planning permission back in 2012/2013 I think it was when it was first built. No further work has been done since, just moved mum in with her furniture, that's all we have done so far. Eventually we will be building her a kitchen and bathroom but would obviously notify the council then but we haven't even started anything yet. I mean we are still unpacking boxes still we are that new here 😂

@Nanny0gg it's had planning permission, back when it was built so we are safe there. But now we have mum living in it not sure if that changes things. But we haven't built anything since, she doesn't pay rent, the annexe doesn't have its own address or own front door, it's literally an outbuilding with 2 rooms and a toilet at the minute.

I was thinking this as I was reading.
your mum has sold a house to live in a garage conversion with no bathroom or kitchen!

That's not necc true. My parents house is just one huge house, literally just like normal swing wood/ glass doors between rooms. Only entrance is the normal front door (well you could open the patio doors into "their" lounge but noone does .. they still have to pay 2 lots of concil tax as it has 2x kitchens and 2x lounges. Regardless of the fact my grandparents have been dead 20+ years and there's only my parents and my brother living there

@LardyDee it had planning permission when it was built, that's all ok. They won't tell us to knock it down, that was all agreed back in 2012, it's the fact my mum is now living in it and someone has complained about it, so not sure what will happen. Please read my previous responses to others as it explains in more detail x

This. The planning specifically needs to be for habitable accommodation if someone is going to sleep in it (I’m on a planning committee and garden offices etc usually have a condition attached to say they must not be used as a residence).

Presumably your mother sold a property and pooled her money with yours to be able to do this? I doubt you are going to get into any trouble at all. If your mother jointly owns the property and appears on the council tax bill she can sleep wherever the hell she likes. I imagine the neighbour was concerned that you had an unofficial tenant in your garden building, from whom you were taking rent without the appropriate permissions and formalities.

I think once you explain to whoever investigates from the council they will lose interest in you pretty quickly.

Yes, you can get in trouble as you are changing the use of the building. As said surely this was raised with your mortgage/solicitor? As with your mortgage valuation the house would be worth less with a garden room/garage/office than with a residential annex. Surely you must have been aware of this when you bought it?

I think the issue is that is isn't actually an annexe - it sounds like it is a garden office - which means it can be usually occasionally for people to stay over in, but not as a permanent residence. It might not have required planning permission under the regulations for permitted developments - but you are now changing the use which means there could be further implications both financially and in terms of what is acceptable in terms of comfort and space.

I think you'd be better off moving your mum into the spare room - at least overnight - until you have a clear way forward. It isn't just about the issue of whether council tax is due, but also whether it is officially habitable. We have all seen gruesome news stories about modern slavery and people living in sheds - not saying this is your case, but it's something people are a lot more aware of now than ever before. Neighbour could be nosy or they could have genuine concerns. I think you need to solicit some advice before you do anything else.

Its only an annexe for council purposes if it is independent and has its own kitchen and bathroom, that was what we were told when looking.
Friends of ours have built on to theirs 2 rooms with a bathroom. Told if they put a second kitchen in then it would be liable for CT. Though quite who polices that I have no idea!
I think nosy neighbour might be disappointed

The planning permission at the time may have been for a change of use from a garage to office. Someone living in it changes things further @Motherof1and2dogs and it would need further planning permission most likely. Did you not do any checks or enquiries on this prior to purchase?

That's villages for you. When nothing is happening someone has to stick their oar in for a bit of excitement.Ring the local council and explain what you have explained here. They will be able to sort it out. And take no notice of gossips.

But planning permission for what use exactly OP?

Surely if she’s using the main bathroom it’s not yet a separate living space? It’s two rooms and a cloakroom that are part of the main house.

When you apply to convert it to her living space with a proper bathroom and kitchen, however, it will be.

What was the planning permission for exactly in 2012? Was it for a garden office or for residential?
I suspect it was for an office in which case using it for residential will require an application for change of use.
Your solicitor should have this info from the purchase as they should check that everything has permission. However if they weren’t told you were going to move your mum into it they may not have flagged up to you what the permission is for.

There may well have been planning permission for the construction, and any building work. But it will have been for a particular use (I'm guessing not residential). And change of use to residential amounts to "development" for planning purposes (even with no further building work) and needs fresh permission.