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Is Change of Use Necessary for Occasional Holiday Letting of a Detached Annexe?

Started by strangebudgie, August 16, 2023, 10:59:04 AM

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strangebudgie

My first time as a landlord and I hope that the knowledgeable people on here can offer some advice. Using permitted development rights I have recently renovated an outbuilding on my property (an old blacksmiths forge) to provide a self contained one bedroom unit. It has a living area, bedroom, kitchen, WC and shower room. It is detached from the main property where I live, but within the curtilage. It will be partly used for putting up family guests, but to help repay the renovation costs I'd like to rent it out occasionally via AirBnB or similar, probably for 90 days or less per year. I was (perhaps wrongly) under the impression that occasional paying guests would not constitute a 'material change', but my council (Malvern Hills) have told me that I need to apply for Change of Use to a holiday let. Before I do this, I wanted to ask others whether they think this is strictly necessary or advisable? Thank you.

Riptide

From the thread title I was going to advise you ask the council.....

strangebudgie

OK - thanks - maybe I need a legal forum. The council here are super awkward and turn down perfectly reasonable proposals on flimsy grounds. I have been advised by the architect that helped with the project (and also used to be a council planning officer) just to rent it out for the 80-90 days a year, without permission as change of use is notoriously difficult to achieve. His position is that it would only be challenged if a neighbour complained, which is unlikely given the location and that any enforcement notice could be challenged legally anyway as occasional short term letting does not constitute a 'material change'. Apparently there have been test cases. I guess I was after the opinions/experiences of others ...

Riptide

I've no experience in this. It's a risk and reward scenario though.

How hard / expensive is it to get the change of use from the council?
What are the implications if it's refused and you do it anyway?
What are the implications if you don't apply do it but are 'caught out'?

Simon Pambin

Quote from: Riptide on August 17, 2023, 09:39:59 AM
What are the implications if you don't apply do it but are 'caught out'?

Ordinarily I'd guess it wouldn't amount to much more than the Council just telling the OP to stop. In this case, though, I'd be a bit twitchy about the Council taking a sudden interest in the permitted development and deciding it ain't permitted after all...

strangebudgie

Thanks all for the helpful replies. I do have the letter from the council (following plans submitted by my architect) confirming that the renovation and changing the outbuilding to an annexe can be completed under permitted development, but for "incidental family use only". Though, I think it is best that I take some legal advice before any short-term letting.