So, you may have heard that you can just put an annex in your garden using The Caravan Act, yes?
Well, first take a few minutes to familiarise yourself with what this means and then you can make an educated decision.
Spoiler - it's not that simple...
Our team is often asked about the Caravan act use to allow a garden annex. Because there are so many different interpretations of planning laws by different councils across the country, it is important that:
Often, councils may still cast doubt and insist on some sort of planning application and this is why Blue Bee uses independent, experienced granny annex planning consultants.
Please ask and we can put you in touch with a independent specialist garden annexe planning consultant.
An alternative route to create a granny annexe is to use a structure that meets the legal definition of a “caravan” or mobile home.
Under the Caravan Sites and Control of Development Act 1960 (as amended by the Caravan Sites Act 1968 and later regulations), a “caravan”
is defined as
This definition includes not
only traditional touring caravans, but also larger static caravans or
mobile chalets – even if assembled on site – as long as they satisfy
certain size and construction limits.
Specifically, a twin-unit mobile
home can still count as a caravan if:
There are maximum size dimensions:
in England, a caravan (mobile home) may be up to 20 metres in length, 6.8 metres in width, and with an internal ceiling height up to 3.05 metres.
Anything larger or constructed in more sections would not legally be a
“caravan.” Importantly, a structure fixed permanently to foundations
(like a brick building) is not a caravan – it must be a mobile
unit, typically resting on its own frame or wheels, even if it’s skirted
around the base for appearance.
Please ask and we can put you in touch with a independent specialist garden annexe planning consultant.
Placing a caravan within the curtilage of your house for use ancillary to that house can be done without needing separate planning permission in many cases. The key distinction is between operational development (building work) and use of land.
Planning law generally allows the
use of land within a home’s curtilage for purposes incidental to the
dwelling without treating it as a separate “development,” as long as it
remains part of the same planning unit.
In plain English: if the caravan
is used only as extra accommodation for the people living in the main house (family members, etc.), with no separation in household, then “there would be no development taking place” in the eyes of the law – no material change of land use – and thus no planning permission required.
Provided the caravan is within the residential curtilage and used for ancillary residential purposes
(not as an independent dwelling), “planning permission is not required”
because it doesn’t create a new planning unit. The use is considered
part of the normal use of the dwellinghouse.
Keep reading, though... it's not that simple...
However, this scenario rests on the caravan meeting the legal definition and the use remaining ancillary.
If those conditions aren’t met, the council can argue a material change
of use has occurred (for example, turning your garden into a separate
dwelling site). Although a well-known appeal case established that using a mobile
home as ancillary accommodation for relatives did not require
planning permission since it did not amount to a separate planning unit
(the family still functioned as one household), as noted below, you still need to check with your local council, and get proper confirmation in writing to cover yourself. But if you were to rent
the caravan to a stranger or use it as an entirely independent
residence, that would not be ancillary and would definitely need permission.
Please ask and we can put you in touch with a independent specialist garden annexe planning consultant.
Councils can be wary of caravan annexes because if the unit has all the facilities (kitchen, bathroom, etc.), it looks like a separate dwelling. The test is how it’s used in practice.
In fact, it’s possible
for a fully self-contained mobile unit to be ancillary if occupied by
dependent relatives as part of one household. The presence of a second
front door or kitchen does not automatically create a new planning unit –
it’s about the relationship and intention.
This is a grey area and
often comes down to “fact and degree” on a case-by-case basis.
Many annexe suppliers build units to
caravan specifications and advise using the Caravan Act route.
The
typical process is: ensure your design falls within caravan size limits;
site it within the curtilage (usually as close to the main house as
reasonable); and use it for a family member.
However, it’s highly advisable to
then apply for a Certificate of Lawfulness (LDC) for use of the
land for an ancillary mobile home, to get the council’s formal sign-off
that no permission is needed.
If the LDC is granted, you have permission
in principle to station the caravan indefinitely as ancillary
accommodation. If the council refuses the LDC (disagreeing on the facts
or use), you might fall back to needing full planning permission after
all.
Important: You are responsible for making sure that
you follow all rules pertaining to your own property and the area you
are in and that you obtain the relevant permissions.
Please ask and we can put you in touch with a independent specialist garden annexe planning consultant.
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Please ask and we can put you in touch with a independent specialist garden annexe planning consultant.
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