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Planning Loophole?

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I came across a planning loophole that may be interesting for self-builders.

You can build an outbuilding of unlimited floor area without planning permission (4m max height, 2m from boundary, 5m from house, behind the frontage line, not in conservation area, <50% of plot area used) as long as you meet building regulations. (don't even need that for <30sqm internal area). The outbuilding has to be used in association with the main house.

So with a decent plot, you can build a huge bungalow without planning permission, use it as a dwelling as long as you use it in association with the existing house. The council tax band is based on the original house and does not get rebanded whilst you own it.

The outbuilding or original house can then be used to house a dependent relative or kids when they grow up but not for independent rental (although I know people doing this).

Any reason why this wont work?

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Any reason why this wont work?

Yes, because you would be using it as a dwelling not as a shed, which the information you're quoting relates to.

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Yes, because you would be using it as a dwelling not as a shed, which the information you're quoting relates to.

Use as a dwelling in association with the main house seems to be permitted with planning permission e.g. for a dependent relative.

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Yes, because you would be using it as a dwelling not as a shed, which the information you're quoting relates to.

How will they find out?

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Use as a dwelling in association with the main house seems to be permitted with planning permission e.g. for a dependent relative.

Go for it then.

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Yes, because you would be using it as a dwelling not as a shed, which the information you're quoting relates to.

Would a home-office need planning permission? Would it be closer to a dwelling or a shed?

Cheers,

Any links guy? Are these national rules, or do they vary with local authorities?

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Yes, because you would be using it as a dwelling not as a shed, which the information you're quoting relates to.

So you're saying that a shed needs to comply with building regs? Don't think so!

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I heard about friends of friends who have done this, built what is effectively a pair of semi bungalows at the end of a generous garden, their two adult kids live in them with their respective partners. I don't know any details of the construction/planning legalities though.

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So you're saying that a shed needs to comply with building regs? Don't think so!

That's not what I said.

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Yes, because you would be using it as a dwelling not as a shed, which the information you're quoting relates to.

You can build a dwelling without planning permission as long as the occupant is dependant on the main dwelling.

Would a home-office need planning permission? Would it be closer to a dwelling or a shed?

Any links guy? Are these national rules, or do they vary with local authorities?

No, if it meets the Permitted Development rules.

Outbuildings are considered to be permitted development, not needing planning permission, subject to the following limits and conditions:

Outbuildings mini guide

Check out our interactive mini guide to outbuildings.

Access our interactive guide to the planning permission and permitted development regimes for outbuildings.

* No outbuilding on land forward of a wall forming the principal elevation.

* Outbuildings and garages to be single storey with maximum eaves height of 2.5 metres and maximum overall height of four metres with a dual pitched roof or three metres for any other roof.

* Maximum height of 2.5 metres in the case of a building, enclosure or container within two metres of a boundary of the curtilage of the dwellinghouse.

* No verandas, balconies or raised platforms.

* No more than half the area of land around the "original house"* would be covered by additions or other buildings.

* In National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites the maximum area to be covered by buildings, enclosures, containers and pools more than 20 metres from house to be limited to 10 square metres.

* On designated land* buildings, enclosures, containers and pools at the side of properties will require planning permission.

* Within the curtilage of listed buildings any outbuilding will require planning permission.

All the info you need is here - Planning Portal

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What would happen if you wanted to sell? Would you have to sell both the main residence and the outbuilding together?

The new building cannot be sold as a separate dwelling. However, if the new house and outbuilding are a similar size and have a similar sized plot, it is possible to have the new building classed as a new dwelling and separately saleable. This must get planning permission though.

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You can build a dwelling without planning permission as long as the occupant is dependant on the main dwelling.

For the case of a relative (elderly parent or child), then all you need is to have the washing machine in the house that everyone uses.

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A permanent structure does.

Not any more, see Permitted Development rights. You can build permanent structures in many circumstances, no limit on build area (subject to frontage, boundary distance and plot size).

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For the case of a relative (elderly parent or child), then all you need is to have the washing machine in the house that everyone uses.

Washing machine won't do it. It has to be unusable as a standalone home, by the fundamental design and fitting of he building. E.g. No cooking facilities, no shower or washing facilities, etc. A kitchenette with a plug in hob, is sufficient for the building to meet the criteria of having a 'food preparation area'

Once a building becomes capable of separate home occupation it requires planning permission and separate council tax. Even a home extension containing a self contained annexe is liable for a 2nd council tax charge.

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as far as scotland is concerned you can build a chalet type building without any planning at all. My friend did this in his back garden. Im unsure to what would happen if you did this to a bare piece of ground, though im likely to find out as it looks like ive been refused planning.

there are certain things people do though.

if the ground is agricultural and you use it for agricultural porposes that require someone to be constantly around, then you can live in a static ect on the land, things like pigs, chickens ect may comply.

you can live in a mobile home as long as its truly mobile ie many people do this, there was new regulations that came out to prevent this but even this has ways around. ie you cant just move fields now you need to at certain times remove the mobile home from the land overnight.

if your land is 7+ acres they cant refuse you planning if its classed as agricultural

its amazing that up here they allow and even give grants to house animals but not humans. there are a few sites around the web with loads of info on how to get around planning laws.

Edited by homeless

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