Annexe ab the back of my house

[keyplus90]

I recently bought a house which had an annexe already built at the back (right at the end of the back garden). It has kitchen and bathroom in it, perhaps who owned this house before me was renting it out. I want to use it for office. One week after I bought the house I received a letter from the council that the annexe had been built without planning permission. Could any one tell me what I can do. Because someone said that council would want to get rid of kitchen and bath. I am in a mess, whose fault it is, Should Solicitor had picked it up during serchese, I f there was a problem why searches came clear, was that councils mistake. Please help.

[emlett]

yes your conveyancing solicitor shoudl definitely have picked this up and got confirmation of planning permission or retrospective permission (if possible) or an indemnity insurance from the seller and at least made you aware of the issue. I suggest you take the letter back to your solicitor and ask him what is going on and what the council are going to want you to do about the situation. If the solicitor did not pick it up at all or did not advise you on the issue, then they MAY have been negligent but you should talk to him about it first.

[redcrx]

Your solicitor should have checked that the planning permission was valid for the annexe. Speak to them asap
Make sure you check as well, whether the annexe is subject to any further council Tax. Ive recently looked at a property that had an annexe at rear of garden and even though we'd not use it for residential it was subject to band A council tax.

[keyplus90]

Thank you for the answers so far, I did speak to my solicitor and he says that I did not mention about any extension at the back to him. But my feeling is that he is messing about as if it was in council's records, ( I received letter only 1 week after we bought the house). Even I did not mention it he should have been able to pick it up from council's records, Am I right?

[Eve]

When was the annexe buit and was it by the sellers?

Was there a HIP and do you know if the property is freehold or leasehold. Is it part of a new build development or is it a former council house?


Do you know how much value it may have added to the property?

Have you got any copies of documentation that the solicitor would have seen?

I'd check any valuation or survey (eg with the mortgage offer - if you have a broker he may have a copy) as that may have drawn attention to the annex and recommended your legal advisor check planning.

The Seller's Property Information Form has a section on changes to the property - see if it is mentioned there. Also check the section about wehether they have received any notices relating to the property.

They should normally have got a local search. An entry would only come up if planning had be sought (it should come up on the planning history even if a planning application was withdrawn or refused.

[Eve]

Alternatively notices of breaches, enforcement action may be registered. I'd check the local search for these as well.

It might also be worth checking whether the property is in a conservation areas, listed etc... or have other planning contraints on it (Article 4 Direction etc...). If you see something and you don't know what it means jus ask on here.

There may also be other forms such as Additional Enquiries which may be in a form like the SPIF or raised in correspondence by your solicitor. They may hold additional information.

If you don't have copies, ask for copies.

This may help determine whether your solicitor missed something or whether there may have been some misrepresentation/mistake going on from the seller or their solicitor's side.

I would be interested to know, depending on when the annexe was built, how the council suddenly came to know about it especially considering the location. Have you any idea how they found out?

Could they have been tipped off by enquiries of the seller (or even your solicitor during the conveyancing).

I'd suggest writing in formally (keep a copy) asking for a full explaination. If no joy then put a formal complaint in eriting asking for a full explaination and they should instigate their formal complaints procedure and notify you of when they are to respond by.

If you still get no joy then I'd contact the Law Society for advice. Usually they will tell you to approach your solicitor first and give them time to respond so best do it this way round.

[buildersmate]

If it has been there more than 4 years, you cannot be forced to remove it due to lack of necessary Planning Permission. You can also apply for a Certificate of Lawful Development (CLD) which requires a set of drawings (similar to those that would be required for a normal Planning Application) to be submitted along with a fee. Development Control cannot refuse to accept your application and they issue a CLD which 'legalises' your position.

[bushbaby_de]

From the sound of the question, referring to removal of kitchen and bathroom, it sounds like your council is concerned the annexe will be used as separate residential accomodation rather that the building itself. You can build quite large outbuildings without planning permission so long as they are for an ancilliary use. If this is the line the council are taking, that they are happy with the building but not the kitchen and bathroom, they can't take any enforcement action unless an unauthorised change of use to separate residential unit has actually taken place. They can't make you remove the kitchen and bathroom just in case it gets used as residential. If you are wanting to use it as an office do you really need the kitchen and bathroom anyway? It might be less of a headache to just remove some of the facilities if they are happy with the building itself. I'm an ex enforcement officer so feel free to message me if you want to go into any of this in more detail.