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Certificate of Lawful development

Discussion in 'Building Regulations and Planning Permission' started by Jupiter01, 28 Apr 2021.

  1. Jupiter01

    Jupiter01

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    I converted a detached garage into a habitable space around 5 years ago. This includes, a small kitchen, shower and living space.

    I have a tenancy agreement for my brother that dates back 5 years and also have some pictures and receipts from the original renovation work.

    Can I rely on the certificate of lawful development if I am ever approached by the council regarding planning permission?
     
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  3. blup

    blup

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    You can only rely on a certificate that has been issued, otherwise you rely on the development/use being immune from enforcement action, not clear what the situation is here.

    Blup
     
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  4. ^woody^

    ^woody^

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    Was there another thread about this that got deleted?
     
  5. Jupiter01

    Jupiter01

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    I have a separate thread on building control regularisation. You may be thinking of that?
     
  6. Jupiter01

    Jupiter01

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    I don’t currently have this certificate but could apply for it in the event the council comes knocking. Can I assume that I will be entitled to this certificate in that situation? Does it cover my circumstances?

    Thanks for your help.
     
  7. motorbiking

    motorbiking

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    Be careful they will probably want the back dated council tax at some point.
     
  8. johnny2007

    johnny2007

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    It won't cover because it's a habitable outbuilding.
    It might be ok if it was a shed, but in reality you built a small detached property without planning permission and without approaching BC (or did you?)
    Around here in London they don't enforce anything older than 6 years.
    In fact, even if you wanted to come clean after 6 years, they won't accept your application (although they keep the fees)
     
  9. blup

    blup

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    You can't assume anything, any Council official with an ounce of common sense would be suspicious of a "tenancy" granted to a family member. Do you have the rent receipts to prove it, and the declaration of taxable income to HMRC?

    Blup
     
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  11. ^woody^

    ^woody^

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    No

    You asked about an LDC and using a tenancy agreement as proof. I recall replying, but the thread is now gone
     
  12. Jupiter01

    Jupiter01

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    Not sure which post you may be referring to.
     
  13. Jupiter01

    Jupiter01

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    On council tax, I would argue that this isn't applicable as it's not a separate dwelling. It doesn't have its own utility supply, bin collection, gardens. It relies on the main house for all of these.
    I am not keen to have it recognised as a separate dwelling because I have no plans to sell it off and also, I don't want the council tax liability that would potentially come with that.
     
  14. Jupiter01

    Jupiter01

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    I thought you were allowed to rent a room without any tax implications? This is effectively an extra room belonging to the main house.
     
  15. motorbiking

    motorbiking

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    You have stated you created a tenancy agreement, does this grant him exclusive possession of the dwelling?
    if he is a lodger (rent a room) and pays less than £144 per week - it can be treated under the rent a room scheme from a tax perspective.

    A tenancy agreement feels like the wrong agreement for this arrangement and you need to be careful granting people rights under the wrong agreement. It doesn't seem relevant for the certification.
     
  16. blup

    blup

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    I guess evidence of payment is what assists in an LDC application, regardless of whether tax is paid.

    If there are no conditions restricting the garage to use as a garage, you could argue it is a use "ancillary" to the existing dwelling, provided the family arrangement is a genuine one.

    Blup
     
  17. DevilDamo

    DevilDamo

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    Copies of tenancy agreements dating back at least four years have been accepted by one of my local Planning authorities in the past. In that case, the applicant secured a CoL and then put the converted garage/now annexe on the market.
     
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