Detached annex use

[jsd123]

I am looking at a house built on green belt land. It already has a large detached annex built, which consists of two rooms each 30' x 20' and a double garage.

The building is currently deemed to be a games room, despite one room having a bed in, supposedly you are entitled to have a nap after your workout. The two rooms have large windows and doors to them over looking the garden.

Ideally I am thinking my son could live in this annex, but I have been told this will not pass planning (the building has already passed planning as it is). I do not want the building to be classed as a seperate property, just have the right for my son to sleep, cook, etc. a self contained unit.

Can anyone offer any advice on what makes a building habitable in this way? Or in it's current state, what the building can be used for. I see little reason for my son not to be able to use it in this way rather than live in the main house, and use the annex 23 hours per day.

I am trying to do my own research, but was hoping someone might be able to give me a kick in the right direction. Thanks.

 

[Richard C]

Ideally I am thinking my son could live in this annex, but I have been told this will not pass planning (the building has already passed planning as it is).

Your post doesn’t make sense; it either has planning approval as a “games room” or it doesn’t which may also be dependant on when it was built. Planning approval can either be verified by the existence of a planning approval document (usually with the deeds) or you can check with the local council but you need to consider the following;

• With breaches of planning control arising from building operations or using a building as a house, the council cannot serve a Notice after 4 years from the commencement of the breach.

• Other planning breaches such as unauthorised changes of use are subject to a 10-year time limit from commencement. After that time, the Council cannot take action and the use can become legitimate. The landowner can even apply for a Certificate of Lawful Existing Use or Development (CLEUD) after this period and if the evidence is clear regularise the situation.

What you may be getting confused with is Building Regulations Approval which is a completely different issue. If you wish to use the building as habitable space with sleeping accommodation then, officially, it must comply with the relevant Building Regulations as if it were a new build. Look here for relevant Building Regs;

http://www.planningportal.gov.uk/buildingregulations/approveddocuments/

This link refers specifically to out buildings;
http://www.planningportal.gov.uk/permission/commonprojects/outbuildings/

Without detail information on construction it’s impossible to say how much work would be involved in bringing it up to habitable spec. that’s assuming the council would allow you to do so with regard to it’s change of use. If you cannot prove it’s been continuously used as accomodation then your unlikely to get a retrospective Certificate of Lawfulness for use as accommodation. Some councils are sympathetic towards granny annexes but as it’s in green belt, I think it’s unlikely you would get it; I think you need to discuss with your planning authority to gauge how they would view it or get a specialist on the case.

Be warned that it may take considerable time & the outcome may not be positive; a personal friend & property developer who’s been pursuing a similar situation at some expense for nearly 2 years has just been refused again on appeal. His case is a little involved as the building was originally the managers accomodation for a former care home they ran on the site & although the council can't serve enforcement to make him tear it down (it's been there too long), they wont officially allow him to use it as accomodation either!

 

[jsd123]

Thanks for the detailed reply.

The building does have permission to be a games room. I am looking at a change of use. I would imagine the building would need very little alteration, as it has it's own heating, modern double glazing, even has it's own electricity meter. I believe the current owners lived in it while building the main house.

It doesn't sound good. Which is a shame as I cannot see how it would have any effect on anyone or anything else.