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Submit plansHi,
I have a large plot (1.2 acres) with a small house siting on it. The garden is attached to the house and has been since its build in 1918, as such I have a great deal of permitted development rights. Currently there is 335 m2 consumed by house and existing outbuildings, the most recent of these outbuildings being built some 30 years ago. Considering the 50% ruling for permitted development rights I could conceivably build on 2200m2 of the garden providing I keep within the height and boundary restrictions as stated in the permitted development guidelines.
I am considering building a sizable single storey outbuilding say 180m2 and involve building regs as is required, whilst keeping it within permitted development rules, height and boundary restrictions, then acquire a legal building permit and use it ancillary to the main house.
My question is – If I subsequently sell off the house, split the land and keep the outbuildings that can be served by a separate highway access, is this allowed, are the building still legal,,, is there some time limit they need to be ancillary to the enjoyment of the house???
First, bear in mind that while permitted development rights prevent more than 50% of a plot to be filled with buildings, this does not imply that, as of right, you can fill 50% of the plot up with buildings. The buildings must be ancillary to the house, and that definition has implications for scale as well as use. So, in your case, it’s actually inconceivable that you could build on anything like 2200m2 of the garden, and I suspect that even a 180m2 outbuilding might be regarded with some scepticism by the council. You should obtain a certificate of lawfulness for the outbuilding, to ensure the council agrees it is permitted development, before starting to build. If you subsequently sold off the house, you would need to obtain permission for a change of use of the outbuilding, to enable it to be occupied as a separate dwelling. If you occupied it separately without planning permission, that use, if undetected, would become lawful after 4 years.
Mike Dade (Planning Consultant and Build It expert)
