Side Extension and Minimum Space requirements?

Side Extension and Minimum Space requirements?

10:34 AM, 17th June 2024, About 4 weeks ago 19

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Hello everyone, I recently had a side extension built next to our main home.

It has its own front and back door and there are no doors between our property and the new building.

It’s one room and is self-contained, meaning it has its own bathroom and kitchen.

If in the future we decide to rent it out, is there a minimum space requirement we have to comply with?

Many thanks

Imran

This can be a complex area and depends on the exact specification of the space and number of occupants.

Shelter have actually produced the best summary of this guidance we can find >> https://england.shelter.org.uk/housing_advice/repairs/check_if_your_home_is_overcrowded_by_law

Table: Floor space of each room

Floor space in square metres (square feet in brackets) Highest number of people allowed in each room
10.22 square metres (110 square feet) or more 2
8.36-10.21 square metres (90-109 square feet) 1.5
6.5-8.35 square metres (70-89 square feet) 1
4.65-6.5 square metres (50-69 square feet) 0.5
Less than 4.65 square metres (50 square feet) 0

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Comments

Jerry stone

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11:32 AM, 17th June 2024, About 4 weeks ago

Mmm I am not sure that minimum room sizes is the start of the issues.
You most certainly need planning permission for what you have done.
You have created a new dwelling and in my experience that is very unlikely to be acceptable in Planning terms.
It’s not an annex if it’s totally self contained.

Most planning authorities expect it to have to share some facilities. Is it can have either a bathroom or kitchen but not both.

Dennis Forrest

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11:38 AM, 17th June 2024, About 4 weeks ago

No regulations on space for an Airbnb

havens havens

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14:08 PM, 17th June 2024, About 4 weeks ago

Your side extension sounds like a great addition to your property. If you decide to rent it out, space requirements are indeed crucial. Based on my knowledge, the guidance from Shelter is very useful. For instance, a room over 10.22 square meters can accommodate up to two people, while smaller spaces have specific limits.
It's important to ensure your space complies with these regulations to avoid any issues in the future.

Immi

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14:19 PM, 17th June 2024, About 4 weeks ago

Thank you all for the comments.

I am still confused. So can I or can I not rent this property out in the future? As stated in my original comment it's self contained and decent size but not sure if it meets the min space requirements.

Alistair Cooper

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14:25 PM, 17th June 2024, About 4 weeks ago

You can rent it out but as other contributors have said it is very likely that you will face an enforcement notice from the local planning authority. Did you build this under permitted development as it’s very unlikely you will have been granted a certificate of lawful use for what is a self contained unit of accommodation ?
To be PD its use must be ancillary to the main residence and not self contained

Immi

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15:40 PM, 17th June 2024, About 4 weeks ago

Thank you for the replies. No it wasn't built on permitted planning but we had to get planning permission for a side extension. I think on the drawings there was a door so allowing direct access from the main property to side extension. However we blocked it out and now there is a wall there and no access. What I don't understand is why would it be a problem if we rented it out in the future and what is the min size we have to adhere too?

Immi

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16:39 PM, 17th June 2024, About 4 weeks ago

The min space requirements on shelter is for a room only. Because our side extension is a self containted area which includes a kitchen and bathroom then surely the min space requirements would be much greater right? Our extension is one open space building and only the bathroom has its own door for obvious reasons.

Lucy Smith

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20:15 PM, 17th June 2024, About 4 weeks ago

Overcrowding can be assessed using HHSRS or using part X of the housing act 1985. Generally if you're looking to rent to a single adult, the bedroom should be at least 6.51m2 which is the minimum room size for an adult, year as set out in the housing act. But if you've got a bedsit situation you need to make sure the food preparation area is big enough so that the occupant can safely prepare food, proving enough worktop space to avoid cross contamination and to provide an area to place hot pans and plates on ect. You also need to consider ventilation to avoid getting damp and mould. DASH landlord association have some guidance for HMOs, which includes bedsits with cooking facilities. It's been a while since I looked at them, but from memory I think they recommend at least 15m2 for a single occupancy room with cooking facilities. This is just a recommendation. With regards to planning if you were given permission for the extension and you haven't deviated from it, I don't see why planning would care if it's rented out or occupied by your family. It's not a change of usage. A couple of things to consider, if this extension is integrated into your family home, you could look at renting it on a lodger agreement which means zero tax and it doesn't need to comply with rental regulations. Secondly, if you rent it as a separate unit, you'll likely get a visit from the ratings office and a separate council tax bill. Once it's registered for council tax, you'll be liable when it's empty. My advice would be, find a way of renting the unit on a lodger agreement, even if that means installing the door between the extension and your property. Good luck

Freda Blogs

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9:26 AM, 18th June 2024, About 4 weeks ago

Reply to the comment left by Lucy Smith at 17/06/2024 - 20:15
Planning will care if the OP has created a new dwelling as appears to be the case here - this is specifically contrary to national and local planning policies. Also the OP appears to have not fully complied with the planning consent obtained.

Unless the OP gets this matter regularised, he may be in for much bigger and more expensive problems to resolve than whether the size of the accommodation is suitable for letting.

Dennis Forrest

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11:57 AM, 18th June 2024, About 4 weeks ago

Why not just put a door in to allow access as per your planning permission. I would suggest a FD60 fire door. More expensive than the FD30 but you may prefer the peace of mind given by a one hour fire door. Can't see why you can't put a key operated lock in the door and then you can have the best of both worlds. It could be used as part of the main house or as a self-contained unit.

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