We have an annex that was built over our garage for my mother in law. It was built in 1988 and went through all the necessary planning and building regs. Although it has its own front door, the council made us put in a connecting door to our house because there was only planning permission for one dwelling on the plot. It is therefore counted as rooms in our house. In 1991 the house was assessed for council tax in band F.

Mother-in-law died and we have rented out the flat for the last few years.

Our present tenant, who has been with us for 2.5 years, has recently been made redundant and so is entitled to housing benefit. The flat has its own kitchen and bathroom.

Because the council willl now have to pay his rent they have decided that the annex should be rated separately and a valuation officer is coming out tomorrow to look at it.

My view is that the annex was there before 1991, the council knew about it and when the valuation office valued it, they will have included its value. If not then it was pretty shoddy work on their part.

Is there a time limit on how far they can go back, like there is for planning applications?

Has anyone else had a similar situation that might help me.

M

If planning permission was only granted if it was joined to the main house by a connecting door (which I assume is still there) then you have adhered to the councils rules. I would presume that it would be still classed as a single dwelling in which you rent out part of your house to a third party (lodger)

If the officer decides it is a seperate dwelling then surely they should not of granted planning permission.

I find it hard to believe that they can move the goal posts to suit themselves after 18 years:(

Sorry I cannot be of help to you but I am interested in what the Council decide.

Thanks Wino

The valuation office duly turned up yesterday and said that because the annex had cooking facilities and a bathroom, it was a self contained unit and would be subject to its own council tax band.

It amazes me that the council, who put the valuation office on to me, in the form of their planning department insisted that a communicating door was made between the annex and the house, because there is only permission for one dwelling to be on the plot, now want to say that the annex is separate accommodation. The inland revenue also allow the rent to be tax free because it is classed as rooms in our house.

It would appear that the rules can be bent when there is a sniff of some more money to be made out of the public. They will, however, have shot themselves in the foot because the tenant has been made redundant and they are paying his housing costs, which will now have to include the council tax.

It leaves me wonder that if I put a little cooker in my main bedroom, that has an ensuite bathroom, whether this would also be classed as a self contained unit? Same difference?

M

The world is crazy. I stopped trying to figure it out a long time ago.

Now a query for you. If you only had planning permission for one dwelling and you have two which one do you think the council will make you knock down?????

Good question Wino. Interestingly enough, if the annex had been put up without planning permission, it would have been there long enough not to be knocked down. After 10 years the council can't do anything about it. Pity council tax, from the same council, doesn't work that way.

M