Zoe Alvarez
Renting out an annexe as a separate dwelling constitutes a 'material change of use' and requires planning permission. An annexe is typically an additional self-contained living space within the garden of a principal dwelling, serving as an extension of the main property and not a separate entity. It is considered ''ancillary' to the main dwelling, providing accommodation for family members or extra space. While permitted development rights allow for the creation of an annexe for recreational purposes without planning permission, renting it out independently triggers full planning considerations. Local planning policies, parking, amenity space, and council tax requirements may pose additional complexities.
Do you need planning permission to rent out an annexe?
| Characteristics | Values |
|---|---|
| If the annexe is used solely for recreational purposes | No planning permission required |
| If the annexe is intended to be slept in | Planning permission required |
| If the annexe is rented out as a separate dwelling | Planning permission required |
| If the annexe is used as a holiday let | Planning permission required |
| If the annexe is used as a home office | No planning permission required |
| If the annexe is rented out independently | Planning permission required |
| If the annexe is used as a garage or summer house | No planning permission required |
| If the annexe is used as a gym, swimming pool enclosure, art studio, or cinema | No planning permission required |
| If the annexe is used as a separate dwelling with a kitchenette and bathroom | Planning permission required |
| If the annexe is used by a family member living independently from the main dwelling | Planning permission required |
| If the annexe is rented out without obtaining planning permission first | Planning permission required |
| If the annexe is used as an extension of the main property | No planning permission required |
| If the annexe is used as a mobile home that complies with the Caravan Act | No planning permission required |
| If the annexe is used as a garden room or outbuilding | Planning permission may be required |
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What You'll Learn
Planning permission for annexes: what is an annexe?
Planning permission for annexes can be a complex process, and it is important to understand what constitutes an annexe. An annexe is typically defined as an additional self-contained living space located within the garden of a principal dwelling. It is considered an extension of the main property, providing accommodation that is classified as 'ancillary' or secondary to the main house. This means that it offers some, but not all, primary living accommodations such as a bedroom, kitchen, bathroom, or living room.
In planning terms, an annexe is regarded as an outbuilding and is subject to specific regulations. If the annexe is intended for sleeping accommodation, it is no longer considered "incidental" and will require planning permission. However, if the annexe is deemed incidental or for recreational use only, it may fall under permitted development rights and can be erected without planning permission.
The distinction between requiring planning permission and not lies in the relationship between the annexe and the main dwelling house. If the annexe is to be occupied independently, with no clear relationship to the main dwelling, planning permission is necessary. This includes situations where it is rented out, used as a holiday let, or occupied by a family member living independently.
To ensure compliance, it is recommended to apply for a Certificate of Lawful Proposed Use or Development to confirm the status of the annexe. Additionally, seeking professional guidance from architects or planning consultants is advised, as they can navigate the complexities of planning laws and increase the chances of obtaining approval.
It is worth noting that renting out an annexe can offer benefits such as additional income and increased property value. However, landlords should be aware of the planning rules and regulations, as well as the potential risks associated with annexe rental, to ensure a positive and successful venture.
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Do I need planning permission for an annexe?
Planning permission for an annexe depends on a variety of factors, including its intended use, location, and relationship to the main dwelling. Here are some key considerations to help you determine whether you need planning permission for an annexe:
Intended Use:
The intended use of the annexe plays a crucial role in determining the need for planning permission. If the annexe is for recreational purposes only, it is typically considered an ''incidental outbuilding' under permitted development rights, and planning permission is usually not required. However, if the annexe will be used as a living space, accommodating family members or renters, planning permission is generally necessary.
Relationship to the Main Dwelling:
The annexe's relationship to the main dwelling house is another important factor. If the annexe is intended to be occupied independently, with no clear relationship to the main dwelling, planning permission is typically required. This includes situations where it is rented out, used as a holiday let, or used by a family member living independently. On the other hand, if the annexe is used as an ancillary extension of the main dwelling, such as accommodating family members or providing extra space, it may not require separate planning permission.
Location and Type of Construction:
The location and type of construction of the annexe also matter. If you intend to build a new outbuilding in the garden specifically for an annexe, planning permission may be required, even if it meets other criteria for permitted development. However, converting an existing building within the curtilage of the dwelling into an annexe may not always need planning permission.
Local Planning Policies:
Local planning policies and regulations can vary, so it is essential to consult your Local Planning Authority or seek professional advice. Some areas may have specific requirements regarding parking spaces, outdoor space, and other considerations for separate dwellings.
Mobile Homes and the Caravan Act:
If your annexe is a mobile home or meets the definition of a caravan, you may be able to apply for a Certificate of Lawfulness under the Caravan Act instead of planning permission. However, there is conflicting advice regarding this route, and some Local Planning Authorities may object.
In summary, while certain scenarios allow for the construction of an annexe without planning permission, it is generally advisable to consult with your Local Planning Authority or seek professional guidance to ensure compliance with the relevant regulations.
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Can I rent out my annexe?
Renting out an annexe as a separate dwelling is considered a ‘material change of use’ and will require planning permission. This is because the annexe is no longer serving its original purpose as an ancillary extension of the main dwelling, but instead is being used as an independent living space.
An annexe is typically an additional self-contained living space located within the garden of the principal dwelling. This is also called the ‘curtilage’. Annexes are often used to accommodate family members, provide extra space, or serve as a home office. However, it is important to understand that an annexe is an extension of the main property and not a separate entity.
If you intend to use an annexe as a living space for an elderly relative or an older child, you will need planning permission. However, if the space is only for recreational use, then it falls within your permitted development rights, and is known as an incidental outbuilding. Under permitted development rights, you can create the shell of an annexe and use it as a recreational area.
If you want to build an annexe without planning permission, you can apply for a certificate of lawfulness to ensure that your proposal meets the definition of a mobile home and is therefore lawful. Alternatively, you can apply for householder planning permission, which is the most straightforward and robust method.
It is recommended that you contact your local planning office to find out the specific permissions and requirements for renting out an annexe.
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How to build an annexe without planning permission
If you want to build an annexe without planning permission, there are a few options to consider. Firstly, it's important to understand that an annexe is typically considered a living space, and living spaces usually require planning permission. However, there are exceptions to this rule, and you may be able to build an annexe without planning permission in certain circumstances. Here are some ways to approach this:
Recreational Use and Permitted Development Rights:
One approach is to build an annexe for recreational use only. In this case, it would fall under your permitted development rights and be classified as an 'incidental outbuilding'. Permitted development rights allow homeowners to expand their homes, with specific allowances for the amount of new space created. Within these rights, you can typically create a shell of an annexe, measuring around 20-30 square metres. However, it's important to note that this cannot be used as a separate, self-contained living unit with its own kitchen, bedroom, or bathroom. To ensure compliance, it's recommended to engage an architect who can help navigate the rules.
Convert an Existing Outbuilding:
Another option is to convert an existing outbuilding, such as a garage, into an annexe. If the annexe remains part of the main dwelling, sharing utilities or access, and does not include cooking facilities, it may not require planning permission. This is because it falls under 'permitted development rights' and is considered ancillary to the main dwelling.
Use the Caravan Act:
You can also explore the Caravan Act as a potential route. Mobile homes, if they comply with the statutory definition of a mobile home under the Caravan Act, do not require formal planning permission. However, there is conflicting information and local planning authorities may object, so obtaining a certificate of lawfulness is recommended.
Apply for a Change of Use:
If you initially build or convert an outbuilding for recreational use, you can later apply for a change of use to make it a liveable space. This approach can increase your chances of getting approval, but it's not guaranteed. You would need to add plumbing and other amenities to make it a functional annexe.
While these methods may allow you to build an annexe without planning permission, it is always advisable to consult a planning specialist or local council to ensure compliance and avoid legal issues or complications in the future.
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What to do if I want to rent out my annexe
If you want to rent out your annexe, there are a few things you need to do to ensure you are complying with planning regulations. Firstly, it is important to understand that an annexe is typically considered an additional self-contained living space within the garden of a principal dwelling, and it must be ancillary, meaning it is subordinate to the main house. This means it should be substantially smaller than the main house, have a functional connection like shared water or sewage connections, and not be used as a separate dwelling.
If you intend to rent out your annexe as a separate dwelling, this constitutes a 'material change of use' and will require planning permission. You will need to submit a planning application to your Local Planning Authority for approval. It is recommended to obtain planning permission before starting any construction to avoid potential complications.
To increase your chances of getting approval, you can consider applying for both householder planning permission and a Lawful Development Certificate (LDC) under the Caravan Act. This dual approach gives you two chances of success. Alternatively, you can explore the option of converting an existing outbuilding into an annexe, as this may not always require planning permission.
Before proceeding, it is essential to consult your local planning office or seek professional guidance to ensure you are complying with all relevant planning regulations and laws. Each area may have specific requirements and restrictions that you need to be aware of. By taking these steps, you can ensure that you are on the right path to successfully renting out your annexe while adhering to all necessary planning considerations.
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Frequently asked questions
Yes, if you intend to use it as a living space, you need planning permission. However, if the space is only for recreational use, then it falls within your permitted development rights and is known as an 'incidental outbuilding'.
Renting out your annexe as a separate dwelling constitutes a 'material change of use' and requires planning permission. This is because the annexe is no longer serving its original purpose as an ancillary extension of the main dwelling.
Some existing buildings within the curtilage of a dwelling may be able to be converted into annexes without planning permission. However, if you intend to use it as a living space, you may need to apply for a change of use after construction, but approval isn't guaranteed.
Planning permission for an annexe is applied for through your Local Planning Authority. You can submit a householder planning application or apply for a certificate of lawfulness under the Caravan Act.
