Putting a converted outbuilding on airbnb etc

[biggiles]

Hypothetical question for a friend etc...

A recently purchased house, with an already-converted outbuilding into essentially a 2-bedroom/office structure. Could do with some work inside, but it has double-glazing, heating and proper doors etc. Previous owners had permission to use as an office during their ownership so it's now lapsed into "incidental to the enjoyment of the associated dwelling-house".

It's within an AONB, but very secluded, near the main dwellinghouse and a long way from any boundary.

1. Can he put this on to Airbnb etc. to bring in some income from weekend stays, or does it need some form of planning? (Let's assume under 90 days, if that's a valid concern).
2. If he were to do some (internal) works to smarten it up, would that need planning and/or building control (BC)??

Thanks all!

[Equus]

biggiles said:

...it's now lapsed into "incidental to the enjoyment of the associated dwelling-house".

How so? Permissions don't 'lapse' like that. Do you mean that it had a certificate of lawful use for a breach, the continuity of which has been broken?

However, to answer your specific questions...

biggiles said:

1. Can he put this on to Airbnb etc. to bring in some income from weekend stays, or does it need some form of planning?
2. If he were to do some (internal) works to smarten it up, would that need planning and/or building control (BC)??

1) Technically, it needs Planning; if it's in separate occupation (whether or not that occupation is temporary or not... but I'll come back to that), it's not being used 'incidental to the enjoyment' of the main dwelling. I have known plenty of people get away with it, though - even when they've got Tourist Board roses on display outside. Realistically, the only chance of Planning taking enforcement action is if you're reported by a neighbour (in which case, you'll get a visit from the Enforcement Officer; cease the unauthorised use at that juncture, and they cannot/will not take any further action against you, so what's to lose?).

2) Depends on what sort of work. Most likely Building Control, if at all, but if it's been functioning and has Planning as an office, and you put in facilities that turn it into independent living accommodation (ie. kitchen and bathroom), then Planning can force you to remove those if they discover the unauthorised use.

Coming back to the matter of 'holiday' versus permanent occupation, I've recently seen an Appeal decision where the Inspector asserted that it was impossible to distinguish or enforce between the two (basically, his argument was: how do you proved the point at which a holiday becomes a sabbatical, and a sabbatical becomes permanent residence?). Now that one decision strikes me as a questionably random and erratic judgement by an individual Inspector, for the time being, but if it becomes established, it will have far-reaching implications: basically any property that currently has a permission that limits occupancy to holiday use only would be fair game to become a separate dwelling in permanent occupation.

[biggiles]

Thank you equus. The previous people converted it into an office before approaching the council (or being approached by...), then the planners granted retrospective use as an office for the duration of their ownership, then it would return to "incidental" etc. It already has kitchen/bathroom facilities commensurate with a typical office.

It sounds like my friend could bravely step forward, but the correct action would be to speak to the planning people first and get the right paperwork. With a non-zero risk of them denying it, and then it being on their radar.