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.

Yes this is the best thing to do first.

It needs permission for use as a bedroom - sounds like it doesn't have that. This should have been highlighted by your solicitor - an 'annexe' does imply that it's self contained.
As for a neighbour reporting it , they may think you're letting it out. Neighbours can be spiteful. I had one report me to the council for replacing a three foot wood fence with a... three foot wood fence. They implied I'd replaced a hedge with a fence but I had photos of it before and after. The council still sent someone out! Good use of tax money.

The OP's mother is 58
58
She's not 'elderly' or an 'old lady'
Most people of that age are expected to work for another 9 years before getting state pension.
Yet again, another Mumsnet thread full of ageism

I’m not remotely ageist, which is why I wrote ‘old lady’. Also, I hadn’t got to the part where the OP mentioned her mum’s age. The sentiment still stands though: there may be a lot more noise coming from the outhouse than the OP realises.

I don't think the Op is coming back esp since there appears to be a few outstanding queries

'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.

There was also no response from the Op regarding Mum's money and deprivation of assets etc. when it comes to Mum needing a care home one day.

Depending on if there are any restrictions in your area, such as conditions on original planning permission or conservation area with article 4 restrictions, you won't need planning permission to convert outbuilding to an annexe providing it's is incidental to the main house, ie your mum has access to the house, perhaps uses your kitchen, bathroom etc.
And the annexe is only accessible through the main house. Ie no separate access from road or separated/ fenced off from main house.
If garage/annexe is visible from the road and you've made external changes then those may need planning permission.
Council may send a planning enforcement officer round who will have a look and advise.
If you need planning permission they will tell you to apply and if necessary make a retrospective application. tbh usually they only rarely take formal enforcement action/issue enforcement notice as a last resort as it costs them too much money

Does sound like the garage was converted to home office. You'll need to check whether the annex has planning permission to be used as a dwelling. Also there may be building regulations you need to follow to make it suitable for residential use. I would move your mum into a room in your house until you know for sure what's allowed and whether she is safe. What standard is the construction of the garage? Is there sufficient insulation etc. for someone to live there?

‘Mum needing a care home one day’. 🤣 She’s 58!

Yes you keep saying the building had planning permission, but planning permission for what use, office space, gym area, garden room?. Not permission for residential use which is what you are now using it for. Doesn't sound as though you have the proper permission for this type of use and even worse that you have a person living in this building without proper kitchen and bathroom facilities.
It would be different if building was attached to main house via connecting door and the rooms were just a bedroom and livingroom area with little toliet without you setting up an improvised kitchen area in the livingroom area as you have currently done.
I could see this being a potential fire hazard regarding smoke alarms etc.
Neighbour might have good cause to be concerned about current set up.

Since when has 58 been elderly.

And disabled.

58 isn't elderly BUT this 58 year woman sold her home and gave the money to her daughter and SIL so that they could clear their debts and buy a house, while this generous and disabled 58 year old got to live in a detached outbuilding with a makeshift kitchen, office toilet and has to cross the garden to get into her daughter's house every time she needs a shower/use the washing machine.

I would not get in a panic. The council are not going to take you to court. TBH I would get in touch with them and explain the situation. Say that you want to do the right thing and ask for their advice as to where you stand and what you should do.
The neighbour sounds a right pain frankly.

Disabled doesn’t mean she needs care. I’m mid 60’s, been disabled all my life. Nowhere near needing full time care. And the law on deprivation of assets says that you shouldn’t dispose of assets at a time when you have a reasonable expectation of needing care. If this doesn’t apply then they are doing nothing wrong.

There was also no response from the Op regarding Mum's money and deprivation of assets etc. when it comes to Mum needing a care home one day.

Mum is 58. Being disabled doesn’t mean she needs care. Deprivation of assets is when you deliberately give away money/property to avoid care fees. So, if there was no reasonable expectation of care needs at the time she made the decision, and assuming she’s of sound mind, she hasn’t done anything wrong.

As the solicitor and mortgage lender were made aware, I would suggest putting a call into the solicitor and checking the position. The Solicitor should have informed you at the time of purchase if your intended use wasn't permitted.

Just a little heads up on the suggestion to lie if planning enforcement come knocking: please don't.

If you are contacted by enforcement, served with a Planning Contravention Notice or an enforcement notice on the basis the garage is in an unauthorised use, providing false information in response to the PCN or EN is a criminal offence. If you state that your mum is just temporarily staying overnight in the garage, you know that isn't true. Any dealings need to be factually correct.

Totally agree with BCS here. I'm even older than this woman, and at 58 she may not technically be elderly, but she is of an age where she has fewer opportunities to make up for any financial shortfall. Now she has no legal home, has not been registered on the electoral roll, and has no rights as a tenant. She is dependent not only on her kind DD, but on her DD's DH. And we know how often marriages break up.
Hopefully, it will all turn out for the best. But the fact the OP is happy for her DM to live in those conditions (summarised by BCS) and has no planning permission is a huge red flag for me.

It really does not sound as though the Mum is living under dreadful conditions - she is not a victim! She is, like many, in a new place and awaiting getting it fully sorted, but managing fine for the moment.

I suspect a slightly different version of order of events was given to them.

Lots of comments on here about how the conveyancer didn't pick up on the use of the outbuilding/annex.

IME most residential property lawyers have a poor understanding of planning law. That's not a criticism of them, it isn't their specialism and planning law isn't always taught at university.

If OP had asked them for planning advice she likely would have been signposted to a planning lawyer (or if the firm was large enough, the conveyancer might have been able to ask a planning colleague).

Also, plenty of conveyancers aren't solicitors. I suppose you would expect them to advise that OP should ensure any use of the outbuilding was lawful, but they probably aren't in a position to advise OP on which uses are lawful.

Searches won't show up any permitted development though will it, unless the owner chose (and it's not complusory) to apply for a certifcate of lawful development. I guess a planning portal search would show if building regs had been applied for, but I am not sure that regular searches show building regs do they?

I'd say there's a good chance the solicitor did highlight that the garage only has planning permission as a garage and store room, but the OP latched onto the words 'planning permission' not realising there are different types for different uses of a building.

No it won't but it should show if there are any specific constraints on usage/ building work etc on the property. Everything else is for a change of use application etc.and seeking appropriate advice.

I think ignore nosy parkers.
Your mum lives with you, in the current arrangement and when you have funds you can apply for the extra degree of separation to give her complete independence.
If it's refused, you can do some more to give her her own space and facilities without breaking the planning rules.

I would say there's every chance the conveyancer told them what the permitted use is.

It's interesting reading all the OP's posts in a oner. The wide eyed innocence that what is at best no more than ancillary office accomodation or basically a garden shed can be legally used as full residential accomodation is astonishing.