4 year rule for entensions used as a flat

[DinoTheTiger]

hi,

I built an extension with full planning and building control involved. It has since been used as a 1 bed self contained flat through an estate agent for four years. There have been 1 week gaps between the tenancies, however i have four years worth of tenancy agreements from the estate agent.

If i apply to the council to make the dwelling lawful what proof do i need to provide. Are the tenancy agreements enough proof?

thanks

[pdk]

You should provide as much info as possible.. as well as the T agreements a sworn statement from you, your builder and some tenants would be good. The building contract and invoices for the work?? A plan showing complete self containment will also be needed....

PETER

NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog FRGS is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD (http://www.enablinguk.com/track.html), WORKING WITH INVESTORS (http://www.enablinguk.com/ur-property-investors-planning.html), and PROJECT TYPES (http://www.enablinguk.com/planning-project-permission-appeal-UK.html).. Please also see our range of URBAN PHOTOGRAPHS (FOTOG) (http://www.fotog.info).

[DinoTheTiger]

hi,


Unfortunately when i built the extension i had no intension of renting it out, however once built i changed my mind. I therefore had a kitchen installed (from mfi) and a bathroom. I have all the receipts for the building works (materials) however since the builders ran off with some money i wont be able to get any builder to give me statements.

So far i can provide;

1.) Tenancy Agreements
2.) Invoices from Estate Agent - paid them commission for rental on Annexe
3.) Sworn statement from estate agent
4.) Sworn statement from myself.

Because i decided to use it as a flat alittle late during the building works, the gas, water and electric have been shared during this 4 year period. This week i plan on separating the electric meter so i have a separate one for the flat.

With the above information, could you advise whether i should wait another 4 years and start collecting sworn statements from tenants? Also how do i get a plan showing complete self containment - do i need to hire an architect?

Thanks

[mazzster]

Hi, more asking a question of my own about this thread. I don't understand what you mean by needing to get the council to agree it is lawful. Surely if you got planning & building regs approval then it is lawful?!

I'm a little confused, as I may be in a similar position to you in a few years time. Currently looking to convert basement of our house into a self contained flat. Going to get planning & building regs approval etc, but like you, was planning on leaving the gas/elec/water as they are, for one house for the time being (and rent out with bills included).

From a legal perspective the house will remain one freehold house. Perhaps in a few years time when we've got a bit more cash & maybe want to sell then we'll worry about putting in separate meters and getting a solicitor to draw up leases...but I didn't think we'd need any further approval from the Council and this thread has scared me a little!!

[buffalo747]

Prior to gaining retrospective planning for 4No.flats my property was considered a HMO by the council with self contained units within....The property started its life as a 3bed semi but I extended with PP and B.Regs then converted some years later to what it is now.......It's obvious to say the value of 4units which I could sell off individually if and when I so desired is far greater than a HMO but for the time being they form part of my rental portfolio.
It seems to me you have all the evidence you need but you would be required to show the layout of the building internally and assume you have kept elevation drawings anyway,so shouldn't cost much.
If I were you I'd leave nothing to chance, as the last thing you want at this stage is to receive an enforcement notice and, to make sure you're application is met with success would strongly recommend you take advice from a planning consultant.....Perhaps PDK would consider taking it on and his likely fee to do so.

Bill