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Planning Issues for Self Contained Annexes

By: Chris Hogan MSc - Updated: 13 Mar 2021 | comments*Discuss
 
Annex Self-contained Annexes Extension

A self-contained annex is a popular reason for building an extension. Building one can give teenagers and young adults a chance to live independently but have the security of being close to home.

The same benefits apply to annexes that provide accommodation for elderly or disabled relatives. Or sometimes they are built to provide accommodation for live-in nannies, au pairs or long-term guests.

Take Care When Planning an Annex

But there are a few things you have to be careful about when planning a self-contained annex to make sure that it’s not treated as a separate dwelling. It’s a confusing area and much of the advice is contradictory. You will need to take advice about your specific property and plans.

There are two main issues, council tax and planning. The planners will take into account the use the extension is to be put to when deciding whether or not the annex should be treated as a separate property. But the council won’t, they will base their decision purely on the construction of the extension.

So here we’ll try and make sense of some of the guidelines, but we must emphasise the importance of getting advice from the planners and the council before embarking on the building of the extension. Let’s take the council first.

Council Approach to Self-Contained Annexes

The council will be assessing whether or not they should be charging your annex for council tax as through it were a separate property. To do this they will look at the physical layout of the extension, the access and the facilities.

If the accommodation is all in one area, not split around different areas of the original property, they would not treat it as a separate property. But then that would be useless as a self-contained annex so it’s not really a solution. If the annex has a complete set of equipment for living (cooking and bathing facilities as well as living and sleeping) then the council are more likely to treat it as a separate property. So that would include most annexes.

Access to self-contained annexes used to be an important factor but most councils are down-playing it now. Many council websites state that an annex does not have to have its own entrance to be considered self-contained for the purposes of council tax. In the past people would keep an access door into the house from the annex to prevent it from being treated as a separate property but that would no longer seem to apply.

Planning Position on Annexes

From the planning point of view the approach is slightly different and has changed recently, so again it’s wise to get up-to-date advice. Usage is taken into account as to whether planning permission is required.

For example an extension providing an annexe for an elderly relative who makes frequent use of the lounge in the main property would not require planning permission. On the other hand, the very same extension, if rented out to an eighteen-year-old student who was not related and had their own car, would.

Use the Right Words When Planning

If you do need to apply for planning permission for the annex, not because it’s an annex but because it’s a particular size, or because of the rules in your area, then you can describe it as an extension in all the documentation. Avoiding the word ‘annex’ in your planning documentation won’t necessarily stop the council assessing it as a separate property but calling it one almost certainly will.

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Why is there no follow up by local council as to possible mis use of letting out granny annexes. The arrangement in my vicinity is to pretend there is a family member who will live in annex and then let out the annex and nothing is checked, unless a long suffering neighbour lets the council know
Tree - 13-Mar-21 @ 9:01 AM
Hi we have a wide end of road plot (deadend), with a detached double garage to the left. We converted our detached double garage into an annexe in 2010 with change of use granted and building regs. no planning required as we did not increase the footprint. My son lives in it and I want to split the plot and give him title to secure his home for the future. Would that be possible?
Annie - 8-Mar-21 @ 5:31 PM
There is NO mention of Building Control Requirements on this guidance - please do not assume if your annexe doesn’t need a planning app or it’s permitted development that you won’t need building control - you will, wherever new habitable accommodation or new bathrooms/kitchens etc are formed - regardless of the Annexe being integral to your house or self contained building in the garden, even if it’s a caravanesque shed arrangement on wheels - the drainage connection then requires notification
Kitty - 22-Dec-20 @ 8:57 AM
There is NO mention of Building Control Requirements on this guidance - please do not assume if your annexe doesn’t need a planning app or it’s permitted development that you won’t need building control - you will, wherever new habitable accommodation or new bathrooms/kitchens etc are formed - regardless of the Annexe being integral to your house or self contained building in the garden, even if it’s a caravanesque shed arrangement on wheels - the drainage connection then requires notification
Kitty - 22-Dec-20 @ 8:57 AM
Hi, we’ve knocked through a utility room into an office area to create a self contained annexe with its own entrance.While I’m aware we don’t need planning permission we’d like to create a small kitchen area with a sink. There seems to be some issues with this, it would be separated from the bathroom with a wall and door but not from the bedroom/lounge area. Any advice please???
Welshman - 22-Nov-20 @ 12:41 PM
We applied for a permitted development building to be erected in our garden at the side.I did seek advice from our ward councillor who told me that originally you would have to wait 3 years before you could separate the 2 buildings however she also informed that there was no timing to this regard and the NPPF has overuled it. Does this mean that when the building work is complete we can move in and sell our original house.Many Thanks
Ang - 18-Nov-20 @ 4:32 PM
I HAVE AN ANNEXE IN MY GARDEN THAT WAS BUILT BY THE PREVIOUS OWNERS WHICH HAS ANCILLARY USE WHEN THE PLANNING WAS APPROVED. THERE IS A KITCHEN AND SHOWER / WC ROOM IN THE ANNEXE. I AM THINKING OF POSSIBLY AIRBNB NEXT SUMMER AND WANDERING IF I NEED ANY CONSENT FROM THE COUNCIL. PLEASE ADVISE AS WHEN LOOKING AT THE ONLINE ADVICE IT SEEMS THAT I DON'T NEED TO DO ANYTHING. (I THINK?)
GJ - 9-Nov-20 @ 5:42 PM
Just wondering if anyone has converted their house into two living areas. We have a disabled daughter at home with us and housing availability where we live is non existent for disabled. I would like to convert the upstairs into a separate living area with kitchen minus a washing machine though. Is this do-able and are their any restrictions ?
LW101 - 23-Oct-20 @ 1:51 PM
I converted my stables and contacted them to my house in 2000. The property has been completely separate for 16 years and has all its own amenities except water which is shared. I want to split them officially on the mortgage deeds and remortgage both sides. Is this even doable? Do I need planning or is it to late now, 20years on from original build? Many thanks.
Jojo - 20-Aug-20 @ 11:38 PM
Hi, I’ve got a double garage on our property with a large garden adjacent. I’ve applied and successfully gained planning permission for an Annexe to be incorporated onto the end of the garage, we are going to have an elderly mother living in there, but may want to eventually turn this into an independent dwelling to rent out, I’m getting conflicting information about if this is at all possible? Is it correct that after 3years you can request the building to be deemed different to an annexe? Or can we apply for a change of use? Any views or ideas Kind regards Gringo
Gringo - 18-Aug-20 @ 7:10 PM
Hi, I had an former double garage changed to an annexe in 2014 for my mother to move into but 6years on she now refuse to move into saying that she is happy where she is. Can I now let it out ? It has it's own postal address and a lower band council.
Purno - 16-Aug-20 @ 2:02 AM
My son has lost his job due to the ongoing corona virus and needs to raise some money for his mortgage Could I convert my garage for hi. To live in and he could then rent out his house to pay the mortgage ?
Mig mog - 6-Jul-20 @ 6:01 PM
Hello, I’ve rented out my summer house for 3 years to a family friend. I want to declare it as a separate dwelling property because it has a small kitchen, en-suite & single bed. My problem is, mostly the rent is paid in cash, so I don’t have any supporting evidence. My house is a terraced house with side access to go the summer house. I have two goals. 1) get permission from council to use it as a separate dwelling unit. 2) Extend the size of the summer house. But first I need to get approval from council, that because I have rented out the summer house for 3 years now, it’s considered as a separate dwelling property. It’s a London borough of Hounslow. Please advise.
Tim - 2-Mar-20 @ 7:33 PM
Hi there, I have an extension on my garage that was granted planning under permitted development as an " annexe ancillary to main house". I have since applied for business rates which I gat small business relief on to use on Airbnb which has been ongoing for the last 6 months or so. There has now been a letter for alleged breach of condition 4 in the granted planning, which includes letting out as a residential unit. Im not sure what the best way forward is, should I apply for a change of use to holiday let, or something else? I wish to continue with Airbnb for the foreseeable future. I have no issues with access or parking for guests and I live in a rural location with only one neighbour about 30 metres away, who has had no complaints with me. Also no parties are allowed by guests staying at the annexe. thanks I would appreciate any advice .
cam - 27-Nov-19 @ 10:40 AM
I want to move in with my sister and her family. To avoid over crowding we would like to build a selfcontained accommodation in the back garden we have been advised by a few log cabin companies that we can do this without planningpermission if the building is classed as a mobile home but we would need to apply for a Certificate of Lawful Development as we are family members and will be using the main house utilities and occasionally spending time in the main house. Whilst researching this I have found conflicting information. What are you thoughts?
Al - 3-Nov-19 @ 8:52 AM
Hi! Advice sought here. I have a large detatched double garage which I would like to convert to an annex for my elderly mother-in-law.There would be no need to enlarge the building at all as it is perfectly big enough internally for the modifications I'd need to make.Would I (a) need local authority planning permission and, if so, (b) would I be likely to obtain such permission? Thanks
Mister H - 7-Oct-19 @ 3:43 PM
Hi! Advice sought here please. We have a large detached garage which I am considering whether to convert into an annex for my elderly mother-in-law. It already has a large rear window and side door together with both water and electricity supplies and is large enough to convert for a wet room, kitchenette, bedroom and living space. Would I need planning permission for this convertion (no need for any further exterior building work) and, if so, am I likely to be successful with such an application.
Mister H - 7-Oct-19 @ 3:38 PM
Hi, i have a detached annex on a large plot , the council the did a change of use with the planners they refused application as they wanted proof of seperate bills ansd own supply to the annexe i e own electric and water meter, as currently on sub meters, so 4 years have pass now so i decided can i build onto with no planning needed for new extension8 metres Detached property? as its on a large plot
chipper123 - 16-Aug-19 @ 4:14 PM
Hi, we currently live in my parents in law (large) garden; in a 3 bed one storey wooden annexe. It is fully functional with bedrooms, lounge, kitchen, bathroom etc and we pay our own council tax. As this is classed as it’s own property, would the likely hood of us being able to extend by going upstairs be greater? I know planning permission would still be required, but I just wondered whether paying council tax gives us a greater chance?
VJB - 31-Jul-19 @ 12:17 PM
I bought a house with an annex, two separate addresses 3 and 3a my mother lives in 3a and it is a separate council tax. What I wanted to know is can I somehow change it back to one address meaning one council tax. At the moment we don’t pay because my mother is a dependent of me and over 65 but in the future I would like it to be one address. What can I do please ???
Cazza - 3-Jul-19 @ 7:51 AM
We had a large stable block which was given permission to convert to large 5 bedroom dwelling.We did this and then blocked couple of the doorways off so our son, daughter in law and 3 grand children could live there. The council came and checked it and said that as my son had got his own kitchen, they would be charging him his own full council tax, as well as our full council tax.We have both been paying this since we moved in 2006. I have now read that since 2014, a discount of 50% can be claimed for an annexe, provided that it is used by a relative of the person living in the main home, which it is. My only query I have is that is their part of the house classed as an annexe?
Pinkie - 11-Apr-19 @ 6:39 PM
Can I build annexe to live in then sell main house in uk
BDeyes - 10-Apr-19 @ 6:57 PM
I cannot afford to live in my 3bedroom bungalow,can I build granny annexe in large garden, move in then sell bungalow
BDeyes - 10-Apr-19 @ 6:53 PM
We have a derelict former servants' quarters in our back yard. Our house was built in the 1750s and the derelict servants' house was accommodation for the servants of the main house (ie our house). The derelict house was lived in until the 1980s when it was closed as unfit. We are restoring the derelict house and have built a small extension off it. We did not apply for planning as the extension is smaller than the permitted development limit. The restored house is intended for elderly parent in the next few years but in the meantime, we would use it for visitors and for self-catering holiday lets in the summer. The only access to the restored house from the road is through the grounds of the main house. There is no separate access to it from the road. Would the restored house be considered a totally separate dwelling (with its own postal number) or would it be considered ancillary to the main house? If considered ancillary, would the small extension require planning permission? This last question seems to find no answers on the web.
EMG - 4-Apr-19 @ 2:41 PM
Hi there, We have a 3 bed property with a big garden we would like to build a type of one story building sort of a annex but only with sleeping and bathroom facilities. The reason for this as we would like to extend our family and our teenagers would like their own space. Would we need planning for a single story eitherlog/brick buildingwith just a bedroom and bathroom at the bottom of our garden? Thank you
Kim - 27-Mar-19 @ 1:59 PM
Hi, My partner's mother has agreed that we can build a 2 bed wooden cabin in her garden. It will be a single storey unit but will be used as permanent accommodation for 2 adults and a child. The plan is to be around as carers for her as and when she requires. Would this need planning permission? Thanks
Mermanda - 31-Aug-18 @ 8:29 AM
Hi, I have been reading through all the questions and answers which is very interesting and useful. We are in the process of buying a house which has an integral double garage with bedrooms above it which was all part of the original build of the property. We want to convert the garage into an on suite bedroom and kitchen diner for my mother who is recently widowed. She would like her own front door separate from the main front door and she will also have a lounge area which is part of the existing living area of the house. As far as I can tell we do not need planning permission, but do need change of usage and building regs for the work. Would this fall into the category for separate council as do you think? ( my mum is aged over 65 so as far as I can tell even if it does it would be exempt for her).?Thank you in advance.
AJ120 - 18-Aug-18 @ 9:41 AM
We’ve found a property which has Planning conditions attached to it.The planning conditions state that “The dwelling shall be used for single family occupancy Qaeda not split for use as two or more separate dwelling units”. We understand that the main property and the annexe both have separate postal addresses and utilities at this time.Does this constitute a breech of planning permissions.If so what would need to be done to rectify the situation?Thanks
Lizzy - 23-May-18 @ 4:21 PM
Blink - Your Question:
Hi, I have a 3 bed bungalow which I am planning to extend into loft and rear to rent out with a separate entrance into converted loft (via stairs) with 3 beds/baths , an open kitchen with a lounge. Reading upon your other blogs, it is understood there might be 2 council taxes to pay as a 2nd kitchen installing upstairs. I want to keep one single main entrance to the property with 2 separate doors from the porch accessing the ground and top portions. Can you please advice what type of planning permission is required to make this build and rent the upstairs as a single unit or independent rooms while landlords living in the ground portion? And what other mandatory things that are to be considered in this scenario? What are these type of extensions called - a separate dwelling or a self contained annexe or separate flat?Appreciate your genuine and swift response as it is very important to know before time runs out.

Our Response:
This would probably be considered a self contained annexe and you will be required to pay separate/additional council tax. Talk to your planning officer about what planning permission might be required in your area (they will give you advice for free, but obviously if you do need permission you will have to pay the application fees).
ExtensionBuild - 23-May-18 @ 3:49 PM
Hi, I have a 3 bed bungalow which I am planning to extend into loft and rear to rent out with a separate entrance into converted loft (via stairs) with 3 beds/baths , an open kitchen with a lounge.Reading upon your other blogs, it is understood there might be 2 council taxes to pay as a 2nd kitchen installing upstairs.I want to keep one single main entrance to the property with 2 separate doors from the porch accessing the ground and top portions. Can you please advice what type of planning permission is required to make this build and rent the upstairs as a single unit or independent rooms while landlords living in the ground portion? And what other mandatory things that are to be considered in this scenario? What are these type of extensions called - a separate dwelling or a self contained annexe or separate flat? Appreciate your genuine and swift response as it is very important to know before time runs out.
Blink - 23-May-18 @ 7:39 AM
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