Building Occupied for 20 Years But Never Got Planning Permission

[YouMakeMeWannaLaLa]

My brother and his girlfriend have been living in a 'cabin' that was built by a friend of theirs (on said friend's land) approx. 20 years ago.

The friend lived in the structure (like a static caravan in size but wood and hand built) for around 12 years then my brother moved in when the friend bought a house elsewhere.

The friend still owns the land and is happy for my brother to live there. They have water, mains electric, a TV license and photographs to show how long the structure has been there but they never got planning permission and do not pay council tax.

Post gets delivered but all formal addresses (eg. bank, electoral roll) are my parents address. The site is quite isolated, it's on a farm track with only farms as neighbours.

What is the legal situation if the council found out this building was now being used for residential occupation? Would they automatically evict/ fine/ demand backdated council tax?

They would write to the owner of the land stating that the structure has been erected without consent and therefore should be removed. but in the letter they will also probably say that the landowner can apply for retrospective planning permission or for a certificate of lawfulness fornan existing development.

Sounds unlikely to me that planning permission would be granted retrospectively. Is it green belt?

However, if the landowner can provide evidence that the building has existed and been in continual occupation for more than 4 years, with no significant breaks then the council may have no choice but to grant the certificate of lawfulness, which more or less ends the matter. Evidence can include affa davits, utility bills, photographs (aerial are good).

I dont hink they would evict or fine as such, I only have 'lay' knowledge but I believe if a structure has been in place for in excess of ten years it has a right to stay (in most cases). Also, although it has water, electricity etc it may not be counted as a permanent structure due to how it was built, hence (like travellers 'static' caravans) doesnt fall foul of planning etc in the same way a more permanent structure might.

Am not suer about council tax, again it would depend on whether it could be classed as a permanent structure, I know that on gypsy sites they dont have to pay CT.

Who collects refuse etc, could it be said they were using council services???

I bet the quid pro quo for the certificate of lawful use would be a back bill for the council tax! I don't know how far back they can go though.

The council do not own the land so cannot evict them. The owner of the land can evict them so some evidence of the terms on which they occupy might be handy, in case your DB falls out with his friend.

The council's remedy is for unlawful use of agricultural land (presumably) as residential. As pooka said if you can show evidence of lawful use (actually I thought it was 10 years) then the council will find it hard to end the residential use. There will be a census soon. Was the property part of the last census? That would be a handy piece of evidence.

Thanks for your replies! Some very useful
information.

I'm not sure whether it is greenbelt or not. There are 2 farms in close proximity. One has recently been heavily developed with quite a few new buildings.

There will be utility bills going back 20 years and a few aerial shots showing surrounding trees as saplings etc.

The council does collect rubbish but he would happily forgo this service to avoid council tax. The lane that has to be used to access the property is council owned but it also seves another property.

The structure doesn't have foundations, it is propped on breeze blocks so could technically be moved; do you think this would mean it is not a 'permanent structure'?

friday I don't imagine it was on the census, but would adding it to the census 'alert' the council and the planning dept. to it's existence? I have been encouraging him to 'come clean' and live legally but he is keen to avoid council involvement as long as possible!

"The council does collect rubbish but he would happily forgo this service to avoid council tax."

It doesn't work like that unfortunately!!

I think the bit you will struggle with is proving it has been occupied continuously. I think with static caravan type buildings, just proof that it has been in place on the land is not enough.

Council tax covers a fair bit more than just rubbish collection!!

Yes, I know that! But I was asked about rubbish upthread. It was proposed that temporary structures may not have to pay council tax and I was confirming that, though the structure may be temporary, they are currently using council services, like rubbish collection so might this make the 'temporary structure' arguement moot?

Lawful use is 10 years (I.e. Conversion of a house into flats or changing the use of a property from a shop of a restaurant).
Lawful development is 4 years and relates to development I.e. The unlawful erection of a building/shed/formation of hardstanding and so on. With residential development I believe 4 years applies, even for formation of a new residential unit.
I suppose they could argue that the is a change of use in terms of agricultural to residential but have a feeling that given that that couldn't have happened without the building, think 4 years would apply.
Interesting point re: council tax.

It wouldn't be seen as temporary in planning terms IMO. Hard to argue that something is temporary for 20 years .

4 years is correct for residential uses being lawful.

Temporary structures are only temporary if they don't need a specialised operation to move them around. If you'd need to get a crane / other specialist equipment in to move something, it's permanent in planning terms.

Providing you could prove continuous occupation for the last 4 years, I suspect the Council would have no choice but to issue a Certificate of Lawful Existing Development.

I can't see the census bringing it to the planning department's attention, unless by chance. Planners have better things to do than go through the census spotting properties that may or may not have permission eg. lots of properties predate the planning system.

Thank You for all the replies!

Some good suggestions and information!

Thanks.

Councils have given all their address information to the census who have cross checked against other sources such as utility bills and then the census have fed mismatches back to councils to ask them to verify certain addresses. So it is possible the council will find out because of the census.

I think it's more likely that lawfulness will require 10 years occupation as it's change of use of land to residential rather than change of use of an existing building.

You say they have utilities, where are these billed to?

Agree, your DB could apply for a certificate of lawfulness if he can show that it has been in residential use for more than 4 years.

What is more worrying is that the house is situated on land owned by the friend. Does your DB have a lease in place? Does he pay rent? If not, then it's possible he is occupying only by a bare licence and could be kicked out at any time if the friend changed his mind. (adverse possession law won't help your DB - 8 years isn't enough, and even then the test is hard now).

I'd suggest your DB get the lease situation sorted first, then apply for a certificate of lawfulness.

It is definitely 4 years for residential use.

Time limits
The Planning and Compensation Act 1991 introduced rolling time limits within which local planning authorities can take planning enforcement action against breaches of planning control.
The time limits are:
?
four years for building, engineering, mining or other operations in, on, over or under land, without planning permission. This development becomes immune from enforcement action four years after the operations are substantially completed
?
four years for the change of use of a building, or part of a building, to use as a single dwelling house. Enforcement action can no longer be taken once the unauthorised use has continued for four years without any enforcement action being taken
?
10 years for all other development. The 10 year period runs from the date the breach of planning control was committed
Once these time limits have passed, the development becomes lawful, in terms of planning.

From the Planning Portal click here

they probably wouldn't be able to make a claim for backdated council tax stick if they hadn't made any effort to bill or claim tax.

The council has a duty to maintain good records and issue bills - has it done this?