4/10 year rule on change of use of outbuilding to holiday let

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    4/10 year rule on change of use of outbuilding to holiday let

    Hi all, here's a question for you on the T&CP Act, apologies for my verbosity, I just can't help myself.

    We have a stone outbuilding with a slate roof (originally cow shed) around 20 feet from our home sharing the same driveway which we converted into a small one bedroom holiday let some 15 years ago. Apart from holiday lets, the family lived in it at one point, it has been used as accommodation for visiting relatives and is currently let on a short term tennancy. We did apply for planning but were turned down on the basis it was too small to be occupied, so in the Great British spirit, we just did it anyway raising the roof and adding a 1st floor in the process.

    Some weeks after applying for planning on another building, the planning officer who was dealing with the application served us with an enforcement notice because of the change of use.

    Now, as far as I understand the T&CP Act, 171B (3) should mean that all we need to do is prove that we first let this property more than ten years ago. Unfortunately, Mater is throwing a fit and has contacted a local estate agent who has very kindly offered to apply for planning for us at a cost of some £1200 (plus planning fee) and also drilled into her that the ten year rule does not apply because its not residential. I could argue further that this could be construed as a single dwelling house but, as we currently pay no council tax on this building (other than that which is paid for the main building - all one property), I would rather keep this as a question of whether enforcement action can be taken or not.

    Your thoughts and opinions are gratefully received!

    #2
    The first thing to do is to appeal the Enforcement Notice within the time limit allowed.

    You can then make two alternative legal arguments in the appeal statement.

    The first one is that this is use as a single dwelling and has been used as such for over 4 years.

    The second is that a change of use from an outbuilding to a use for holiday rentals occured more than 10 years ago so that use as a holiday rental is now lawful.

    It is less costly to make an appeal than to make a planning application and the appeal is decided by the Planning Inspectorate who consider points of law, rather than an application to the local council who have planning policies to consider that may have a prejudice against that type of development.

    Comment


      #3
      Thanks for your response Pilman, we will do just that. Is the letter the enforcement notice or will that come at the end of the period of 6 weeks which they gave us to respond?

      Comment


        #4
        Does the letter not have 'Enforcement Notice' or similar in the subject line or at the top?

        That aside, it's not clear if you altered the building and then let it 15-years ago or started letting it and subsequently altered it.

        As pilman put it you have two-choices with regards to defence. If you intend to keep on letting it as a holiday let then you should use the second.
        There is always scope for misinterpretation.

        If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

        Everyday is an opportunity to learn something new.

        Comment

        Latest Activity

        Collapse

        • Reply to Chimney pot gas compliance
          by AndrewDod
          Is this the first gas fire in this spot -- why does it have a gas supply?
          If you plan to make some amendment to your flat why do you feel other lessees should pay the cost?

          In this whole thread I think we need to be careful of words -- "responsibility" versus "rights"...
          23-03-2020, 17:49 PM
        • Chimney pot gas compliance
          by Perfectgame
          Out home is a Leasehold ‘house’ jutting out from a refurbished Grade2* building comprising 55 apartments. Ours is the only one with gas supply to the C19th chimney. We had a gas fire recently installed, but the chimney pot did not comply with the gas fire. According to the freeholder the existing...
          23-03-2020, 15:11 PM
        • Reply to Chimney pot gas compliance
          by JK0
          I wouldn't argue IIWY. Plenty of freeholders not only charge lessees for doing the job, but bung on hundreds in fees also. Sounds like you have consent to do it yourself, doesn't it?
          23-03-2020, 15:48 PM
        • Reply to Chimney pot gas compliance
          by Interlaken
          What does it say in your lease about walls, roofs and structures outside the confines of your 'house' - that is where the answer lies. Ask the Freeholder to explain why he thinks it is not his responsibility. Usually it is the freeholder's responsibility.
          23-03-2020, 15:31 PM
        • Question on Community Infrastructure Levy (CIL)
          by Clulass
          I realise its not the best time to consider a development project given that the world is about to shut down and maybe end, but it helps distract me, from our impending doom.

          So to my question:

          Am I right in thinking that there is no CIL payable.....IF.... you are converting...
          14-03-2020, 21:29 PM
        • Reply to Question on Community Infrastructure Levy (CIL)
          by Interlaken
          CIL payments depend on which local authority you are in. In my area of work and having a Neighbourhood Plan in place 25% of CIL did go to the plan area for use in the community but suddenly our new Unitary Authority banned this so CIL goes into one big pot to be bid for. This does not please me and...
          23-03-2020, 09:34 AM
        • 1 bed to 2 bed conversion
          by slix_88
          Hi all

          First time poster here after lurking on these forums for the past week. I've just put an offer on a large 800+ sqft 1 bedroom flat and was hoping to get your input with regards to the Building Regulations. For a moment, I am assuming the landlord / freeholder may refuse consent under...
          14-03-2020, 14:46 PM
        • Reply to 1 bed to 2 bed conversion
          by leaseholder64
          I think there may already have been an unsafe modification, in that the kitchen door seems to have been removed. I'd expect that to be a fire door.

          If this is on the 27th floor, I'd say you were definitely creating an unsafe inner room, as the escape root passes through two high risk ...
          18-03-2020, 10:13 AM
        • Reply to 1 bed to 2 bed conversion
          by slix_88
          Hello

          Sorry, thought I'd bump this! I'd be very keen to get any input on this.

          Thanks,
          Simon
          18-03-2020, 01:03 AM
        • RICs Valuations or Estate Agents Appraisal
          by MAPTON
          Not sure which section I should post this question!

          A house in a very good residential location - normal 3 bed semi's sell for £330k (recent sale a few doors away) - this would be a standard 2 double bed with a box room and a family bathroom. The adjacent semi, on a corner plot has...
          10-03-2020, 15:53 PM
        Working...
        X