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Original poster

Planning permission annex

30 replies

insomniac1 · 27/07/2023 21:41

Hi everyone

We are buying a house which has a one bedroom detached annex. The current owners converted the garage.

We have just been told by our solicitor that they only had permission for a 1 bedroom annexe with a bathroom - not a kitchen. We can clearly see their proposed plans which did not include a kitchen. They clearly just built the kitchen anyway. When we made the offer we assumed they had relevant planning permission in place. The reason why it was important to us was we had plans to move my elderly parents into it.

What are our options? WWYD? Thank you so much!!

OP posts:
Bodybop · 27/07/2023 21:43

I think they have to get some sort of indemnity certificate in case it’s ever questioned. You should be able to go online and seethe planning for the annexe and the buildings or officers report when was done maybe?

threefiftysix · 27/07/2023 21:55

Thank you for your response. Yes we can see online the planning permission request - clearly for the annexe but no kitchen.

Bodybop · 27/07/2023 21:56

Great - after that there is a buildings sign off for approval. Your solicitor needs to ask for that

threefiftysix · 27/07/2023 21:57

Thank you. There never was approval for the kitchen. Only for the one bedroom annex and bathroom.

RegentCafe · 27/07/2023 21:59

If it has a kitchen then there may be separate council tax due
Need separate home and buildings insurance
green bin collection (if a thing where you live)
water bills

You may also not be eligible for a residential mortgage and may need a BTL for the separate residence

threefiftysix · 27/07/2023 22:02

We did ask the vendor about council tax and they said there was no council tax due on the annex.....but then again I'm now not sure about whether to trust them! How do I go about finding out if maybe it would be liable to council tax? Especially given there is no planning permission for the kitchen

Bodybop · 27/07/2023 22:07

Well id there is no building certificate signing off the build at the end you can be asked to demolish/undo it

RegentCafe · 27/07/2023 22:10

threefiftysix · 27/07/2023 22:02

We did ask the vendor about council tax and they said there was no council tax due on the annex.....but then again I'm now not sure about whether to trust them! How do I go about finding out if maybe it would be liable to council tax? Especially given there is no planning permission for the kitchen

there possibly would be if the council knew it has a kitchen in it though!

RegentCafe · 27/07/2023 22:11

You need to check the local requirements without divulging that you have an annexe with kitchen (as that may invalidate an indemnity)

RegentCafe · 27/07/2023 22:13

A bedroom and bathroom in a garage doesnt sound like an annexe- just a resignation of space within a single dwelling

Are they now describing it as an annexe (a multiple dwelling) ?

threefiftysix · 27/07/2023 22:20

Yeah so when we viewed it - it was described as having a one bedroom self contained annex

threefiftysix · 27/07/2023 22:21

Put they only had planning permission for a one bedroom living, bedroom and bathroom. No kitchen

Wondeyr · 27/07/2023 22:29

Tricky.

To go forward, you can:

  1. insist they obtain relevant permissions (they'll refuse)
  2. obtain indemnity insurance at their cost (they'll likely agree)

You should not approach the council as this would invalidate the indemnity.

You could consider lowering your offer by the amount it would cost you to remove the kitchen to ensure it then complies with the original permissions.

and then just use it as it is, and keep schtum

If you're just going to use it yourselves, friends/family, then I wouldn't worry.

If you were considering it as an airbnb or holiday let, I'd be more concerned.

RegentCafe · 27/07/2023 22:31

Is the garage annexe detached?

Bodybop · 27/07/2023 22:32

Wondeyr · 27/07/2023 22:29

Tricky.

To go forward, you can:

  1. insist they obtain relevant permissions (they'll refuse)
  2. obtain indemnity insurance at their cost (they'll likely agree)

You should not approach the council as this would invalidate the indemnity.

You could consider lowering your offer by the amount it would cost you to remove the kitchen to ensure it then complies with the original permissions.

and then just use it as it is, and keep schtum

If you're just going to use it yourselves, friends/family, then I wouldn't worry.

If you were considering it as an airbnb or holiday let, I'd be more concerned.

Good move - I would go for indemnity and then leave the kitchen in place. We had the previous buyers pay for an indemnity certificate for the conservatory they put up. Should have a door between the kitchen and conservatory but doesn’t

RegentCafe · 27/07/2023 22:33

Wondeyr · 27/07/2023 22:29

Tricky.

To go forward, you can:

  1. insist they obtain relevant permissions (they'll refuse)
  2. obtain indemnity insurance at their cost (they'll likely agree)

You should not approach the council as this would invalidate the indemnity.

You could consider lowering your offer by the amount it would cost you to remove the kitchen to ensure it then complies with the original permissions.

and then just use it as it is, and keep schtum

If you're just going to use it yourselves, friends/family, then I wouldn't worry.

If you were considering it as an airbnb or holiday let, I'd be more concerned.

Indemnity for what though?

Cost of getting building regs /planning permission, putting it on separate mains supplies etc- ok

But 20 years of council tax, water rates insurance, tv licence ?

Hannahsbananas · 27/07/2023 22:33

RegentCafe · 27/07/2023 22:10

there possibly would be if the council knew it has a kitchen in it though!

Show quote history

Yes, council tax would be the least of your concerns; being ordered to demolish it would be a distinct possibility.

threefiftysix · 27/07/2023 22:36

Yes it is detached with its own entrance and garden.

Oh gosh I'm so worried and stressed now. Don't know what to do ☹️ this was otherwise our dream home and our landlord has served us a section 21 so we need to move by September

Wondeyr · 27/07/2023 22:36

RegentCafe · 27/07/2023 22:33

Indemnity for what though?

Cost of getting building regs /planning permission, putting it on separate mains supplies etc- ok

But 20 years of council tax, water rates insurance, tv licence ?

Show quote history

If the local authority pursued a claim, the Indemnity Policy would cover potential costs.

RegentCafe · 27/07/2023 22:40

Wondeyr · 27/07/2023 22:36

If the local authority pursued a claim, the Indemnity Policy would cover potential costs.

Show quote history

Of council tax etc?
You would need a very specific indemnity

threefiftysix · 27/07/2023 22:41

Just to clarify we wouldn't be renting it out. Only for friends and family when they come to visit with the view of elderly parents moving in in 5 years time so that we can be closer and help them.

Wondeyr · 27/07/2023 22:41

threefiftysix · 27/07/2023 22:36

Yes it is detached with its own entrance and garden.

Oh gosh I'm so worried and stressed now. Don't know what to do ☹️ this was otherwise our dream home and our landlord has served us a section 21 so we need to move by September

If you're going to use the annexe as an extension of your home, (friends/family) then I wouldn't worry at all.

These sorts of things come up frequently. I don't think I've bought any house without there being some need for an Indemnity for something.

RegentCafe · 27/07/2023 22:41

threefiftysix · 27/07/2023 22:36

Yes it is detached with its own entrance and garden.

Oh gosh I'm so worried and stressed now. Don't know what to do ☹️ this was otherwise our dream home and our landlord has served us a section 21 so we need to move by September

That isnt good- sorry!
It isnt an annexe if it has its own garden and entrance (do you mean a door a a vehicle access entrance)

RegentCafe · 27/07/2023 22:43

Google if the council have taken any enforcement action on similar recently

here they have -on our road but also quite a few others.

Disco123456 · 27/07/2023 22:51

We have an outbuilding with a kitchen and its own entrance. We don't pay two separate lots of council tax but we do pay the highest possible band because of it as do others in the street with outbuildings.