The Four Year Rule???

[Red Jim]

Good afternoon all

I was hoping someone could help with a question regarding splitting an existing dwelling into two.

I have recently had a 8x7m two storey extension built onto the side of my existing house. This was approved by the local council planning department.

I live with my elderly mother and we have recently discussed making the extension into a new separate house that I could live in. When I mentioned this idea to the planning officer, he said it wasn't something he was open to considering. For all means and purposes though, I will be using it as such.

I was recently told that once I have lived in it for four years, the local council would be obliged to allow the split.

I would really appreciate any advice that you could offer on the matter in simple terms and guidance on what is required. For instance, would the 'new dwelling' need its own electric and water supply prior to the start of the four year period? Does it need separate phone/sky accounts? Are current doors between the two sides a consideration?

Thank you so much in advance.

Jim

[Kati]

Re: The Four Year Rule???

[MENTION=15129]Crazy council[/MENTION] [MENTION=87380]Diana M[/MENTION] ??

[Peridot]

Re: The Four Year Rule???

Hi Red Jim,
This isn't my area but I would say that a change in a residential property from a single dwelling to 2 or more is classed as a material change of use and so requires planning permission irrelevant of the planning permission you obtained for the extension.
The Town & Country Planning Act 1990 specifically names the situation of a single dwelling becoming a multiple dwelling as a material change in use and therefore requiring planning permission. This is in effect a development (however small).
I haven't heard of a '4' year rule. I would recommend obtaining some face to face advice on this it can be a complicated area of law. Until you have some advice I wouldn't recommend separating the utilities from the main property. There may be others on here who have more experience of this?

[Red Jim]

Re: The Four Year Rule???

Thanks very much both. Just from googling 'four year planning rule' I can see that there is definitely a rule that appears to allow you to apply for a certificate of lawfulness for the change after four years of using an extension as a separate dwelling. I just have no idea if this would apply in my case and what the criteria would be?

[Peridot]

Re: The Four Year Rule???

I will see if I can find any further information for you.

[Peridot]

Re: The Four Year Rule???

This may be helpful: http://www.ivylegal.co.uk/dwellingho...ule/4590861503
and another from 2012 where a barn planning permission was granted and the barn was actually created as a dwelling. The 10 year rule was then applied, although the question of concealment came into play: http://www.brachers.co.uk/knowledge-...ate-concealmen
These articles probably don't answer your question yes or no so to speak but may point you in the right direction.
I have only posted these links for you to consider as a quick pointer, not as any 'promotion' but I couldn't find any info quickly that wasn't legalise. As I mentioned I think you would be wise to get some further advice on this.

[Crazy council]

Re: The Four Year Rule???

Hi

There would be a number of other things you have to satisfy to split a property in two.

Area Plan ( general area or estate planning regs )
Acess to the road/highway for both propertys.
Services ( sewer being usualy a problem )

Then, usualy your planning conditions for the extention, would not be enough to satisfy planning for a deviding wall

You can do it and get planning, but Fire regs road acsess and planning permissioon can make it very costly,

[des8]

Re: The Four Year Rule???

and I think that if you use the extention as a separate dwelling, council tax becomes payable on it backdated to the time of change of use.

Certainly the VAO apply a separate band to every building or part thereof that has been constructed or adapted for use as separate living accommodation (ie has independent access, own areas for sleeping, food preparation, washing and lavatory)

[Red Jim]

Re: The Four Year Rule???

Thank very much to everyone for their time replying to my question. It looks like I'll need to speak with a planning consultant. I don't suppose anyone can clarify the criteria for the four year rule?