Office outbuilding to dwelling

[Pat K]

Hello 🙂

I have a badly behaved office outbuilding in the garden of my property that is currently being occupied full time in breach of planning permission. (The permission stated that the building should not be used as accommodation) I am looking to secure a certificate of lawfulness for the building to be a separate dwelling.

The building was completed and has been occupied since June 2021 but does not have separate water or electricity supply and is not registered for council tax. Water and electricity are currently connected via the host house.

It does have an independent sewer connection that has been signed off by Thames Water in Sept 2022. 

If i get water, electricity and council tax in place, does the 4 year rule apply if I apply for lawfulness 4 years from the construction completion which would be June 2025? 

If the lack of utility supplies make it the 10yr rule, is there the possibility to circumvent by making the dwelling off grid for water and electricity and still be eligible for the 4yrs? 

Thanks, Pat 

[Ian Walmsley]

Thanks for the message.

As it is a breach of condition, it is likely to be a 10 year period as opposed to 4 years. 

If the outbuilding was erected under permitted development, Class E, then it may well have been 4 years.