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.

I'm not an expert but this does sound like a change of use that might require planning permission and building regs.

Did you discuss your plans with your solicitor?

Absolutely bonkers. Your mum is living with you! And no, you can't get into trouble with this unless you're claiming something for your mum because she lives 'independently'.

Bloody hell! So she sold her home and has given you the money??? This is shocking. Even if it was only a small amount, she should have this % of ownership. You’ve legally declared that she has no interest in the property, but she doesn’t, she’s living there! I don’t believe you’ve told your solicitor the truth here, because by her ‘gifting’ you money towards the purchase you would have to have signed that she has no interest, and also would have had to declare who was going to be living in the property. The two things contradict each other. And now she’s living in the bloody shed at the bottom of the garden! What a mess.

It really depends what you mean by "trouble". The building does not have permission for residential use. At worst you will be told to stop doing that and enforcement action taken if you dont comply. So your mum might need to sleep in your property although she could still use the space during the day. Having a cooker there would possibly be ruled out, a fridge and kettle likely to be fine if it has building reg approval as offices can have those. Microwaves are borderline.

You can then apply for permission to make it a self contained building. Councils are usually OK with building just divided off from the main property by a door but less likely to agree to residential use for a completely separate building. If they do give permission it's likely to be with a restriction that use is ancillary to the main residence - i.e. you cant sell it separately.

So much selective hearing from the OP. I would love to see a picture of this “annex” what can’t be used to run a business or residential use under current planning and used to be a garage. It sounds like a Man Cave or She Shed, somewhere where your mates come round to watch sport and drink a few bevvies.

So it has planning permission to be used as a garage and store room only? Before anyone can sleep there, you need to apply for 'change of use' planning to turn it into a habitable dwelling that meets building regs.

I'd be looking up planning consultants in your area. There's a chance it may never meet building regs depending on size, head heights etc.

She doesn't really need to make up her mind because whether she thinks it's lovely or not is neither here nor there. The council will either do nothing (in response to the complaint) or they'll come round and have a look at it; then they'll tell her whether she needs to apply for change or use or planning permission or whatever it is. No-one is going to get 'in trouble' they'll just tell you want steps you need to take and when.

On a purely basic level I would think that when the only source of running water is a small sink in what is effectively an office toilet, that in itself would prevent the garage from being legally able to be classed as a dwelling.

This is not the case at all. They are sharing a home if all inside the main property. Someone living in the garage without permission for residential use makes the situation different.
Yes do speak to the local authority,

An alternative is to change the use of the granny annexe eg remove the kitchen so it is not a separate dwelling.

The Op and her DP have not found what works for her DM - they have taken her money off her to buy their own house, given her a shed to live in that’s not even got residential building regs and not considered that she should have a share of the ownership of their home. The DP could decide tomorrow that he’s going his separate ways and wants his share of the house so it has to be sold. The DM will get nothing. Because her name isn’t on the deeds. The OP could even decide tomorrow to evict her DM, who wouldn’t have a legal leg to stand on.

This is one of those threads that looks so simple... and then every turn of the rabbit hole leads to a bigger and more gaping chasm...

The OP is well aware of the fact that she needs to get planning consent before she starts to convert anything - i.e. put in a kitchen and a bathroom. This whole thread is about what she can and can't do right now before she gets to that stage. The current Annex already has planning permission and there won't be any chance of being told right at the moment that it needs to be knocked down

Honestly OP, don't worry about it; the worst that might happen is they will say she can't sleep there until you do X. No-one is going to get into trouble. If you are worried about it you could just call the council and talk to them about it.

The first thing the OP needs to do is ensure her DMs investment is ringfenced by putting her down as Tenant in Common reflecting the % deposit her DM gave her.

@MagnoliaGirlie
OPs mother is 58 ! And a lot can happen in life after 58.
She has lost all controlling interest in her property

Agree @Soontobe60 this set up has left OPs mum very vulnerable.

The council will tell you health and safety requirements aren’t being met, tell you how to meet them, and might charge you more council tax.

🤯😳

Or maybe they’ll tell her to get

• change of use
• planning permission

and

• building regs

Approval first!!

Using it as a bedroom is the problem as it makes it residential. She could spend all day in there and sleep in the house and the council would do nothing.

Hi @Motherof1and2dogs HRTFT but if it isn't self contained you shouldn't be breaching planning laws. Unless there is a covenant in place.

What may be an issue is whether it is passed by building inspectors as a habitable space or bedroom. This will effect things like fire escapes and insulation. Your insurance may also be void if you are using a room outside of it's intended purposes.

I wouldn't have thought either are a big deal in the longer term. Just jump through the hoops you need to, they're there for very good reasons.

Yes! It’s more admin / bureaucracy than ‘trouble’.

The current Annex already has planning permission and there won't be any chance of being told right at the moment that it needs to be knocked down

She is very likely to be told that people can't live in the building as it doesn't have residential planning permission and would also need the building regs to be met and approved.

Family have converted a garage to an annex and while quite straightforward there was a series of legal requirements and currently OP has not done any of these.

Not necessarily.
It could very well not get approval, especially given the wording of the previous approval as ancillary only

Plus if it does get approval the building works will have to be carried out to meet that which are a lot more than admin.

There’s always one😂😂