Planning condition, separate residential accommodation

[willbish]

Whilst re-reading the excellent VAT reclaim guide (what else is there to do at 5:30am?!) I stumbled on a detail previously overlooked.

 

 

@newhome states:

 

"for example if there is a condition in the planning permission that states that the dwelling can only be used by a person employed by a specific business, or where an annex has been built that cannot be sold separately from the main house. In order for a VAT claim to succeed these restrictions must be lifted before the claim is sent in and potentially before completion certificate is provided. Retrospective amendments are not allowable as can be seen in the tribunal cases below"

 

I have a condition on my PP regarding an internal annexe that was on the floor plan when we submitted. 

 

"The separate residential accomodation assocaited with bedroom 4, including the kitchen, ensuite and siting rooms hereby permitted shall not be used as a separate dwelling and shall be used solely by the occupants of the main replacement dwelling hereby approved, in connection with their enjoyment of that residence."

After planning approval the floor plan was changed and Bed 4 is now part of the main house. 

 

Do I need to get this planning condition removed prior to VAT reclaim? Or would an updated, building control approved, floor plan be sufficient?

[ProDave]

If I understand it, you have built ONE replacement dwelling that in the original plans contained an annex that must be used as part of the main house.  So I don't see how this will affect a VAT reclaim for that ONE dwelling?

 

The planning was just making it clear that it is ONE dwelling, not two.

[newhome]

11 hours ago, ProDave said:

If I understand it, you have built ONE replacement dwelling that in the original plans contained an annex that must be used as part of the main house.  So I don't see how this will affect a VAT reclaim for that ONE dwelling?

 

The planning was just making it clear that it is ONE dwelling, not two.

Yes I believe that this is the case. The annex details are more to do with someone who builds a separate dwelling / annex to add to an existing house but the title can’t be split so it’s not then eligible for the reclaim.