Planning permission
Do you need planning permission for a granny annexe?
- Covers
- granny annexe, annex, annexe, garden annexe, family annexe, self-contained annexe, living accommodation in the garden
- The law
- GPDO 2015, Schedule 2, Part 1, Class E (paragraphs E and E.1(i)); Town and Country Planning Act 1990, section 55(2)(d) and (3)(a)
- Applies to
- England
Short answer
Usually yes, in England. The permitted development right for garden buildings, Class E, only covers a building "required for a purpose incidental to the enjoyment of the dwellinghouse as such". The government's technical guidance says that does not include "primary living accommodation such as a bedroom, bathroom, or kitchen". So a new building in the garden for a relative to sleep and live in needs planning permission, however small it is.
Converting an outbuilding you already have is a question of use. Using it as a separate home needs planning permission. Using it as extra bedrooms for your own household is outside the incidental-use exemption, and whether it amounts to a material change of use depends on the facts.
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Three kinds of use, three answers
| How the building is used | Planning position | Source |
|---|---|---|
| Incidental: a store, workshop, gym or hobby room for the people living in the house | Using it is not development. Building it can be permitted development within the Class E limits | TCPA 1990 s.55(2)(d); GPDO Part 1, Class E |
| Extra living space for your household: a bedroom, bathroom or kitchen used with the main house | Outside Class E, so a new building needs planning permission. For an existing building, the use is not protected by s.55(2)(d), and the council decides on the facts whether it is a material change of use | Technical guidance on Class E; TCPA 1990 s.55(1) |
| A separate home, lived in as its own household | A new dwelling. Class E does not apply and planning permission is needed | GPDO Part 1, paragraph E.1(i); TCPA 1990 s.55(1) |
The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land: (d) the use of any buildings or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such;
Why "incidental" decides it
Paragraph E.4 says incidental purposes include keeping poultry, bees, pet animals, birds or other livestock for the occupants' domestic needs or enjoyment, and the technical guidance gives sheds, storage buildings and garages as examples. Sleeping, washing and cooking are primary living, so a building for them is outside Class E even if the person using it is part of your household. Paragraph E.1(i) adds that Class E does not permit development that "relates to a dwelling".
The Act does not define the point at which an annex becomes a separate dwelling, so the council decides it on the facts of how the building is laid out and occupied. Dividing the house itself is different. Section 55(3)(a) declares that using a building previously used as a single dwellinghouse as two or more separate dwellinghouses is a material change of use. Turning a garage or part of the house into a separate home for a relative therefore needs permission: see garage conversions.
(a) the use as two or more separate dwellinghouses of any building previously used as a single dwellinghouse involves a material change in the use of the building and of each part of it which is so used;
What else follows an annex
- Building Regulations. The exemption for small detached buildings in Schedule 2, Class 6, only covers buildings with no sleeping accommodation. An annex with a bedroom needs Building Regulations approval: see Building Regulations approval.
- Community Infrastructure Levy. Where your council charges it, an annex wholly within the curtilage that comprises one new dwelling can be exempt under regulation 42A, if you own and live in the main house. The claim must reach the council before work starts (regulation 42B(2)(a)). Letting the annex, or selling it or the house separately, within three years of the compliance certificate brings the charge back (regulation 42C). See CIL on an extension.
What this means for you
- If anyone will sleep in the building, plan for a planning application from the start.
- If you are converting an existing outbuilding, describe the intended use precisely, including who will live there.
- The permitted development checker will tell you whether a garden building for incidental use fits Class E, a useful first step.
Getting certainty
A lawful development certificate under section 192 of the Town and Country Planning Act 1990 can cover a proposed use as well as proposed building work. If you believe using an existing outbuilding as part of your home is lawful, a certificate can confirm it; the council has 8 weeks to decide. A refusal tells you that a planning application is the route. See lawful development certificates.
Sources
- Town and Country Planning Act 1990, section 55 legislation.gov.uk
- Town and Country Planning Act 1990, section 192 legislation.gov.uk
- GPDO 2015, Schedule 2, Part 1 (Class E) legislation.gov.uk
- Permitted development rights for householders: technical guidance, September 2019 gov.uk
- Community Infrastructure Levy Regulations 2010, regulations 42A to 42C legislation.gov.uk
- Building Regulations 2010, Schedule 2 (exempt buildings) legislation.gov.uk