Planning permission clause: The dwellings will be for permanent occupation only

Richards1983

Hi all - 

Currently buying a holiday home and the planning permission includes the following clause: "The dwellings will be for permanent occupation only."

I plan to rent the house out a bit during the summer months, as well as using it personally quite a lot too. Any idea if that clause precludes renting it out?

I've asked an engineer and he said that this is a common clause for houses in touristic areas, and in practice it wouldn't stop me renting it out a bit. 

Thanks,
Con

_Brian

Well, I know for insurances purposes if the dwelling is vacant for any 30day consecutive period it is not considered as permanent occupation.

If what your asking is “is it likely this stipulation of planning will be ignored by the planning authorities”, my answers is probably yes, in this country there seems little to no interest in enforcing planning clauses, much to our shame.

Richards1983

Thanks _Brian.

Essentially, my financial plan for funding it is to take the edge of the repayments by renting it out for 4-8 weeks during peak season, and I want to clarify (as best I can) if that clause would stop me from doing so or create any problems in doing so.

Many thanks, all insight very valuable and appreciated.

Peregrinus

Renting it out (or indeed using it as a holiday home for yourself and your family) will be an unauthorised user so, yes, in principle you would be in breach of your planning permission and liable to enforcement action.

In practice, as already noted, you may feel (and you may be advised by those with experience) that enforcement action is unlikely, and this may influence your decision about whether it's a risk you will choose to run.

Richards1983

Thanks Peregrinus.

Hmm, that's it precisely. I wonder if people have had issues with this. It's a small development so it's not like I'd be an anonymous owner, it'd be very apparent that I'm renting it out a bit.

I suppose enforcement action would be brought by, for e.g., a neighbour who is bothered by the house being rented?

BrokenArrows

Contact the local planning authority and ask them for the definition of "permanent occupation".

Its likely a clause to attempt to prevent people buying houses in the area and leaving them unoccupied 90% of the year.

It could mean if you rent it out permanently via airbnb then it might be classes as occupied. You can get a management company to run this for you.

Richards1983

Thanks a million, BrokenArrows. I think/hope that's what they are getting at. I'll contact the planning authorities and get that definition.

Cheers,
Con

Peregrinus

Richards1983 wrote: »

Thanks Peregrinus.

Hmm, that's it precisely. I wonder if people have had issues with this. It's a small development so it's not like I'd be an anonymous owner, it'd be very apparent that I'm renting it out a bit.

I suppose enforcement action would be brought by, for e.g., a neighbour who is bothered by the house being rented?

Your neighbours can't take enforement action; on the local government can. Your neighbours can complain to the local government, of course, if they find your use of the property as a holiday rental bothersome.

The fact that this house is in a development with close neighbours would give me pause for thought, to be honest. Those are precisely the circumstances where your neighbours might be bothered by a succession of cheery and sometimes rowdy weekend groups. Do you know if any of the other houses in the development are operated as holiday lets?

As regards renting it out to a single tenant who will live in it as their primary residence, I see no problem. The planning condition is that it be used for permanent occupation, not that it be used for permanent occupation by you. As long as it's somebody's primary home, you're good.

Richards1983

Thanks a million, Peregrinus.

It's a new development where the houses are almost finished so it's not yet occupied.

You're right about that concern -- that's exactly what I'd be worried about too. It'd only take one or two loud nights for problems to arise.

I've got a number for a contact in a CoCo so I'll run it by her and see what she thinks.

Many thanks,
Con

Peregrinus

Basically, the circumstance in which the County Council is most likely to take action is when they are pressed to by neighbours. So even if your contact says these clauses are not often enforced, I don't know that you can take too much comfort from that. "Not often enforced" is no use to you if your property and circumstances happen to fall into the minority of cases where enforcement happens more often.

I think the way to manage this problem is to be selective about who you let the property to, which starts with how you market and describe it. Aim it at families. Take if off the market for post-exam weekends and other times when students are known to party. Etc.

Richards1983

Spot on, Peregrinus.

I'll chat again to my contact at the County Council and feedback to the thread.