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Lawful Development Cert vs Full Planning


JackOrion

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We are currently looking at a semi-rural plot of land with a residential static caravan on it.

 

It doesn't have full planning permission (this may be possible, and we would apply for this if we decide to go ahead and purchase it), but it does have a certificate of lawful development for the residential stationing of a caravan.

 

I know that this in many cases this can provide strong grounds for granting approval to a full application for a 'proper' house. However, we need to look at the worst case scenario if, after purchasing, full planning was not possible, and we were 'stuck' with the certificate of lawful development only.

 

I understand that the legal definition of a caravan means that the likes of a timber-framed construction, up to 20 x 6.8 x 3.05m in size, would be acceptable under the existing certificate. This wouldn't necessarily be the end of the world, and would be our fall-back option.

 

Can anyone advise on any other restrictions / down-sides of this over a plot with full planning? Are there other things to consider (besides the obvious service connection charges) before taking the plunge? Is the value of the land / value of the eventual property effected by this kind of thing?

 

 

 

 

Any help much appreciated!

 

 

 

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You are right that if you can't get planning for a "proper" house you can fall back and build the maximum permitted size of "caravan"  And the legal definition of caravan is such that it does not even have to be on wheels, just movable in some form and that may involve the use of a crane.

 

There is also nothing stopping you making a really well insulated "caravan" as good as any house. There was one such featured on Grand Designs a few years ago.

 

The other issue is you may not be able to reclaim the VAT. You normally need a building control completion certificate for a VAT claim but you won't have that as it is exempt from building regulations.  That however may free you up to do things with the layout that would not be possible if you needed building regs. 

 

I assume all services are connected already?  If not, you will need building control for the drainage work.

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1 hour ago, JackOrion said:

We are currently looking at a semi-rural plot of land with a residential static caravan on it.

[...]

but it does have a certificate of lawful development for the residential stationing of a caravan. I know that this in many cases this can provide strong grounds for granting approval to a full application for a 'proper' house.

[...]

Can anyone advise on any other restrictions / down-sides of this over a plot with full planning? Are there other things to consider (besides the obvious service connection charges) before taking the plunge?

[...]

 

Let's see if I have understood this correctly.

You have written permission to site a caravan on a semi rural site. And you'd like to live in it pending the outcome of a possible full planning application - right up to the outcome of a potential Appeal.

 

In my view, and direct recent experience, there is no down-side at all, until you are forced to leave the plot.

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1 hour ago, ProDave said:

You are tight rhat if you can't get planning for a "proper" house you can fall back and build the maximum permitted size of "caravan"  And the legal definition of caravan is such that it does not even have to be on wheels, just movable in some form and that may involve the use of a crane.

 

There is also nothing stopping you making a really well insulated "caravan" as good as any house. there was one such featured on Grand Designs a few years ago.

 

The other issue is you may not be able to reclaim the VAT. You normally need a building control completion certificate for a VAT claim but you won't have that as it is exempt from building regulations.  That however may free you up to do things with the layout that would not be possible if you needed building regs. 

 

I assume all services are connected already?  If not, you will need building control for the drainage work.

 

Good point on the VAT, I hadn't considered that.

 

Currently looking into the existing service connections. Electricity yes, but no phone or water. It will need a borehole – it's a couple of miles off mains water, and the previous owner must have managed without somehow (!)... There is an old septic tank up there apparently, unsure what kind of state it's in though. Will keep building control in mind as far as these go.

 

I'll try and look up the Grand Designs episode too, sounds like it would be of interest. Thanks!

 

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4 minutes ago, recoveringacademic said:

 

Let's see if I have understood this correctly.

You have written permission to site a caravan on a semi rural site. And you'd like to live in it pending the outcome of a possible full planning application - right up to the outcome of a potential Appeal.

 

In my view, and direct recent experience, there is no down-side at all, until you are forced to leave the plot.

 

Not quite...

 

The permission as it stands is for permanent stationing of a residential caravan on the plot. So within the legal definition of a caravan, we could build something like a timber-framed house up to 20 x 6.8 x 3.05m in size, and live in it / connect to services etc as we would if we built a 'proper' house with full planning. This would be the worst case scenario.

 

Other than this size restriction, I was wondering what differences there are between this and full planning permission, in the event that we did have to stick with the existing 'caravan' permission.

 

ProDave makes a good point re: reclaiming VAT on build costs, but as far as I can see, this and the size restriction are the only drawbacks.

 

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There is the issue of saleability and mortgagability. You probably won't get a mortgage on a "caravan" and it won't be worth as much as a proper house even if extremely well built.

 

No possibility to extend later beyond the size limits of a "caravan"

 

The 3.05 metre height is the ceiling height inside. You can put a proper pitched roof on it, you just can't use the loft space for accommodation as that would no longer fit within the definition of "caravan"

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You don't need a Completion Certificate to reclaim VAT. Other forms of evidence such as proof of entry on Valuation Roll (for council tax) or a letter from a bank / building society confirming release of final stage payment secured against the building.  Detailed in the guidance notes.

 

https://www.gov.uk/government/publications/vat-refunds-for-diy-housebuilders-claim-form-and-notes-for-conversions-vat431c

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