How do I know if garden studio is permitted development

[Dingdong99]

I'm conveyancing on a house that has a big garden studio that was built in 2020

Its been used as an office

The seller says it's permitted development, however, I'm not so sure, purely as it's really big (662 sq ft)

They also said they don't have and it doesn't need building regs

It also has a kitchenette, air con / heating and WC

Im struggling to work out from the internet / council website what the rules are, and if this is allowed

Also, even if planning was required, does this not matter because of the 4 year rule?

If it has a kitchenette then it’s likely be classed as habitable and therefore need pp and regs. In terms of the four year rule, this has now been upped to ten so it will remain a risk for a while longer.

https://urbanistarchitecture.co.uk/the-four-year-rule-explained-certificate-of-lawfulness-application-for-existing-use-or-development/#:~:text=Put%20simply%2C%20the%204%20year,before%20you%20made%20your%20changes.

however depending on completion date the four hear rule could still apply.

Another question, would you be happy with an indemnity policy for the lack of building control?

A kitchenette doesn't mean it's not PD. The building just has to be 'incidental' to the main dwelling.

Size wise it can cover up to 50% of the curtilage (basically the garden), so they can be quite substantial without needing PP.

Sensible approach would have been for them to have got a certificate of lawful development to say it's PD.

https://www.planninggeek.co.uk/gpdo/house/outbuildings/

This is a useful site for planning stuff.

If it's more than 30 square meters it needs building regs sign off. It's up to you whether you accept an indemnity or not. For me the biggest issue would be build quality rather than enforcement.

Just a heads up, if this has water and a WC it could well end up classified as an annexe and liable to a separate council tax band and bill.

The valuation office agency have information on their website about these garden annexes and I think yours sounds like it would be definitely liable.

I work in council tax and lots of these garden offices are being discovered from house sale info online, so an extra bill could be on its way, probably a band A but round here even that is £1200.

We have a flat above our garage. Kitchen area and bathroom. It's not an annexe with separate Council Tax. Our PP explicitly says it belongs to a single property and we pay one council tax. So, planning varies.

I would be amazed if this didn't need pp. might be wrong but @seeline would know.

@TizerorFizz if you have a flat that's capable of separate occupation , and it sounds like you do, it should definitely have a council tax band. If it doesn't it must have missed, and you've been lucky.

Not necessarily, it could be used as an occasional guest room and not be classed as an annex.

@Diyextension it doesn't matter how it's actually used, what matters is how it could be used. If it could be occupied separately (own kitchen. Bathroom etc) then it's an annexe.

See below from Bromley's website, it explains it well.

Then just remove the kitchen …… sorted

If it has water and a wc that absolutely does not, in itself, make it an annex.

An annex is classed as "ancillary" accommodation. Most garden offices are classed as "incidental" accommodation.

Essentially it comes down to whether you could live in the structure. So if it had a kitchette, shower and room that could be slept in this would likely be ancillary, an annex, and liable for separate council tax.

However, you could have a pool building with a swimming pool, shower, 'gym room', 'relaxation area' and kitchette that could be "incidental" to the main dwelling. It all depends on what is in the garden building and how it relates to the main house.

The presence of WC and/or kitchen doesn't affect whether or not pp is required.
As long as the building is being used as ancillary to the main property (not being occupied as a separate dwelling or rented as such) it is capable of being permitted development.
https://www.planningportal.co.uk/permission/common-projects/outbuildings/planning-permission
This link sets out the basics.

Using the building as a home office ie WFH type situation, or running a small business would be classed as ancillary. If it involves visitors to the premises, or additional employees, that in itself would require PP.

I'm surprised that Council Tax can be charged on such structures when the planning legislation prevents them being used as separate dwellings without having express planning permission for such a use, but I'm not expert on CT.

At that size Building Regs would definitely have been required.

If I remember rightly then as long as it has no fitted oven/ hob then a kitchen cant be classed as a kitchen…..

@Seeline I think you meant incidental

Believe what you like, I work in this field and trust me annexes are liable for council tax. There are special rules and reductions if they are occupied by elderly relatives etc but otherwise they are chargeable.

The Valuation office agency will pick them up, and it then instructs the council to issue a bill.

Planning permission only comes into it if you are explicitly preventing from using it as living accommodation, often it just states that it must only be occupied by a family member and yes a bill is issued.

One other thing to bear in mind is that even if the annexe doesn't attract its own bill, it can add to the overall property value and increase the band anyway.

Agree that if the garden room is being run as an office it may have required planning permission. It would be change of use application.

If you're not planning on using it as a place of business I'd be pretty relaxed about this though.

If it could only be accessed by walking through the house, not having its own street access, would it still be considered an annex?

I’m thinking of a garden room for a gym or extra space for lounging/working with loo and maybe kitchenette. It could be slept in but there’s no independent access. Someone nearby had planning refused as it would be seen as a new habitation but it has side access to the garden. I can see a lot of people being tripped up by these rules.

@Sparla if it's accessed through the house it's an extension not an annex.

Extension? A garden room/studio, not attached to the house, but no independent street access as no garden side access. Like a shed but with loo etc.

Some neighbours have garden rooms with bathrooms to use as gyms/offices while others have had their similar plans turned down, the council seeing them as a separate habitation. I can’t see a huge distinction in why one is ok and one is deemed living accommodation, so refused permission or taxed.

@Lavendersquare

We are expressly forbidden to sell it separately from the house. We are green belt and AONB. It's a planning constraint and therefore we don't have it taxed separately. It's all one dwelling and that's what they agreed.

@Sparla I misunderstood you. You meant you have to walk through the house into the garden whereas I though you meant straight from the house into the annex.

Just don't put the kitchenette on the plans.