Letting a detached barn in my garden

[Kernow]

Hi,

Great website and loads of helpful info and wondering if members could offer some advice.

We have just bought a new property which has a detached converted barn. Currently used for storage but previously granted permission for use as offices for a small business. We want to convert to a holiday let but there is a non-residential use covenant on the property.

An architect and legal advisor have have advised that holiday letting might not be considered as "residential" since there would be no permanent resident and it would not be considered a dwelling. The covenant allows the barn to be used as an "amenity" for the main house. I realise that this is a legal issue and I will ultimately need formal help but would welcome the thoughts and opinions of the members of this forum.

Thanks

[Bunny]

IANAL but it seems to me that your first hurdle is not obtaining planning permission but understanding more about the covenant. You could obtain planning permission but that would not override any restrictive covenants in your deeds. Do you know any details about when the covenant was applied and by whom. You could apply to have this lifted. It probably boils down to the term 'amenity' to the main house. We have a new build holiday cottage, in the grounds of our home. It only has planning permission for business use and can never be lived in as a planning condition. It is described as 'ancillary accommodation to the main house'. So, could a holiday let which is business use be considered 'an amenity' to the main house? I think this is the key question. IMO there's hope but it's just my opinion.

[Nuthatch]

Our barn next to our house has planning permission (and listed building consent) to be a holiday cottage only, and cannot be used as a permanent residential building. That has meant that we have been able to classify the building as commercial premises for things like the renewable heat incentive and solar panel feed-in-tariff. Might work for you too, if commercial use for your barn is acceptable?

[Orsonthecat]

I'm afraid it will come down to the precise wording of the covenant. When was it imposed and is it clear for whose benefit the covenant was made? These are all things that will determine whether it is enforceable.