Is a guest/staff house CIL exempt?

[miike]

This is just out of curiosity after seeing an estate that's been divided and put up for sale. If you were doing a self-build for a large country estate, and you wanted to build a staff/guest house on the site as well, would this be included in the CIL exemption? 

 

What would happen if in the future (after 3 years) this guest house was split from the primary plot and sold as an individual house? 

 

 

[Temp]

I think you would be OK building a dwelling for a specific member of staff to live in. But he would need to live there 3 years.

 

I think they would argue that a self contained staff/guest house with all facilities was really a separate dwelling under for CIL (but perhaps not under planning legislation). So not eligible for the exemption as you can't live in two dwellings at once for 3 years.

 

Google found this about outbuildings and extensions.  Not exactly what you are asking about but seems relevant...

 

https://localgovernmentlawyer.co.uk/property/313-property-features/48811-work-sheds-and-cil

 

..The issue is not only important as regards the minor development exemption but also is a key element of the residential annexes exemption and residential extension exemptions. To be entitled to the residential annexes exemption the development must take place in the curtilage of the main dwelling and comprise one new dwelling (reg. 42A(2)). A development involving the enlargement of the main dwelling will not be a residential extension if it comprises a new dwelling (reg. 42A(3)(b)). The definition of dwelling is the same for both provisions as for the minor development exemption in regulation 42.

 

I suspect the example you have hasn't been tested in court. 

 

 

[miike]

The CIL exemption seems to cover residential annexes. I don't think it would be unusual for a 3000sf house to have a 750 sf annex/guest house on the site with all facilities and that seems to be covered by the CIL exemption. 

 

So is there any law stopping someone building a 3000sf annex/guest house for their 12000 sf house and receiving the CIL exemption for both? It would be proportional to the above example. 

[Temp]

20 hours ago, miike said:

The CIL exemption seems to cover residential annexes.

 

Yes it does but see the link I posted above that says it must be all one dwelling. If the annex amounts to a separate dwelling then it doesn't appear to be a residential annex for the purposes of the CIL.

 

It appears the planners can approve the outbuilding with a condition stating it "cannot be seperately occupied" and yet the CIL assessors can declare it is a seperate dwelling subject to its own seperate CIL calculation. 

[miike]

20 hours ago, Temp said:

 

Yes it does but see the link I posted above that says it must be all one dwelling. If the annex amounts to a separate dwelling then it doesn't appear to be a residential annex for the purposes of the CIL.

 

It appears the planners can approve the outbuilding with a condition stating it "cannot be seperately occupied" and yet the CIL assessors can declare it is a seperate dwelling subject to its own seperate CIL calculation. 

 

So this then raises the question of when is an annex not an annex? 

[Temp]

13 hours ago, miike said:

 

So this then raises the question of when is an annex not an annex? 

 

Normally it's an annex if the occupiers have to use an essential facility in the main house, something like a kitchen or bathroom because they don't have one.

[miike]

On 09/02/2022 at 06:49, Temp said:

 

Normally it's an annex if the occupiers have to use an essential facility in the main house, something like a kitchen or bathroom because they don't have one.

 

Is it not common to have 'granny' annexes that are fully equipped and self contained though?  

[Temp]

2 hours ago, miike said:

 

Is it not common to have 'granny' annexes that are fully equipped and self contained though?  

 

Indeed and it seems they can be liable for the CIL as follows...

 

https://www.southnorthants.gov.uk/info/174/community-infrastructure-levy-cil/426/does-cil-apply-to-my-development-and-who-is-liable/2

 

Quote

When is a residential annex liable for CIL?

CIL liability is determined by whether a proposal is considered (in planning terms) to be an ancillary dwelling or an annex. An ancillary dwelling is treated like a new dwelling and therefore the 100 sqm threshold does not apply, whereas an annex is treated like an extension to the main house and is therefore subject to the 100 sqm threshold.

 

Ancillary dwelling

 

An ancillary dwelling is defined as self-contained accommodation (new build or conversion) that is capable of being occupied independently from the main house (has its own entrance and facilities, eg kitchen/bathroom), whether it is attached or detached from the main house. It is treated as a new dwelling and needs full planning permission.

 

Annex

 

An annex is defined as an extension to an existing dwelling with a physical connection and with an internal connection (eg doors) and with reliance on the main house for facilities (eg kitchen and/or bathroom) or it can be detached from the main house, but the accommodation is limited and not capable of being occupied independently of the main dwelling. It is treated as a householder extension.

 

 

Edited February 11, 2022 by Temp