Freehold holiday home

[linux_usr]

Hello, whats your thoughts on buying a freehold holiday home.
It has 12 month occupancy on the planing permission and yes you can get freehold caravans in residential lanes. Not near any caravan park.
Its not classed as residential but you can live in it all year round. price is 150 k.
I want to live in it all year round. please don't say this isn't possible because it is 100 percent possible.
Just wondering what people thoughts are on buying a very secluded bit of freehold land with a 40 by 20 on it but has holiday home licence not residential

 

[otherclive]

I think you’ve answered your own question. But take legal advice on the 12 month residency status and purchase as you only need someone to complain to the local authority and your snookered.

 

[linux_usr]

complain about what exactly? its like saying you cant wear a red jumper on Mondays. where does it say you cant.
People do not understand a holiday home that is fully freehold. there not as rare as you think. if it has 12 mnth oocupancy then you can live on it week after week . year after year. "you only need someone to complain to the local authority and your snookered." do not really understand that

 

[otherclive]

complain about what exactly? its like saying you cant wear a red jumper on Mondays. where does it say you cant.
People do not understand a holiday home that is fully freehold. there not as rare as you think. if it has 12 mnth oocupancy then you can live on it week after week . year after year. "you only need someone to complain to the local authority and your snookered." do not really understand that

Well if it’s such a certain 12 month occupancy you should be fine. Just get legal advice on the purchase which comes with buying any property.

 

[AndrewAventura]

complain about what exactly? its like saying you cant wear a red jumper on Mondays. where does it say you cant.
People do not understand a holiday home that is fully freehold. there not as rare as you think. if it has 12 mnth oocupancy then you can live on it week after week . year after year. "you only need someone to complain to the local authority and your snookered." do not really understand that

I'd also say that you need to take legal advice, if it's not classed as residential then presumably you're not going to be paying council tax. What then - business rates? Or some kind of service charge to someone? Seems odd if you have freehold title. Could all be absolutely fine, but £150k is a lot to spend if you subsequently find you've missed something.

 

[Mel]

complain about what exactly? its like saying you cant wear a red jumper on Mondays. where does it say you cant.
People do not understand a holiday home that is fully freehold. there not as rare as you think. if it has 12 mnth oocupancy then you can live on it week after week . year after year. "you only need someone to complain to the local authority and your snookered." do not really understand that

As you know, people complain about all sorts of things to the council; whether their complaints are correct or not. The local council may then want to ask you about it, and make your life complicated whilst you justify your occupancy. If you have got it all tied down legally and in writing, then you just wave this under the noses of the council or any complainers and you are sorted.
Hope it all goes well for you.
Mel

 

[Buckman]

Hello, whats your thoughts on buying a freehold holiday home.
It has 12 month occupancy on the planing permission and yes you can get freehold caravans in residential lanes. Not near any caravan park.
Its not classed as residential but you can live in it all year round. price is 150 k.
I want to live in it all year round. please don't say this isn't possible because it is 100 percent possible.
Just wondering what people thoughts are on buying a very secluded bit of freehold land with a 40 by 20 on it but has holiday home licence not residential

You do not make it clear whether you can live in the unit 12 months of the year continuously. There is a very big difference.

 

[linux_usr]

it states 12 month occupancy on the planning permission. until i or my solicitor physically read the PP but Im assured it has nothing on it to be worried about

 

[Buckman]

it states 12 month occupancy on the planning permission. until i or my solicitor physically read the PP but Im assured it has nothing on it to be worried about

I would be very wary of that clause as it can be interpreted differently by different councils. Did the solicitor consult the local planning office to double check?

 

[otherclive]

it states 12 month occupancy on the planning permission. until i or my solicitor physically read the PP but Im assured it has nothing on it to be worried about

Occupancy may be different to Resedential. The former can allow it to be used as an office for example. But not as a place of continuing living as a residence. Interesting to get your feedback when you have seen a solicitor.

 

[linux_usr]

No not yet we have not seen the PP yet but i viewed the freehold in march and have got to know the estate agent and the vendor. it all seems legit. estate agent quite high end

 

[linux_usr]

yeah i understand that. the present owner has been there 18 years as residential but i do know the council were not too happy. so im wary about buying a non dwelling as i will be using it as one. i will have no where else to go

 

[Buckman]

yeah i understand that. the present owner has been there 18 years as residential but i do know the council were not too happy. so im wary about buying a non dwelling as i will be using it as one. i will have no where else to go

How often does the residential or holiday home status need to be renewed? Maybe the council can also refuse a renewal then you will be in a bit of a pickle however you would still own the land?

 

[linux_usr]

That is a good question. Even a scary one but far as Im aware. the PP was issued 18 years ago and has not changed at all but i ll bring up what you said to the vendor when i speak to them next

 

[otherclive]

yeah i understand that. the present owner has been there 18 years as residential but i do know the council were not too happy. so im wary about buying a non dwelling as i will be using it as one. i will have no where else to go

Have they been using the same static for 18 years? If so I would want to see its maintenance history over the years. At that age it will have pretty poor insulation and its doors and windows will not be good at retaining heat. We’ve stayed in statics and there’s a noticeable difference in comfort levels between older ones and newer ones. Fortunately we don’t have to pay the gas and electric.

 

[Buckman]

That is a good question. Even a scary one but far as Im aware. the PP was issued 18 years ago and has not changed at all but i ll bring up what you said to the vendor when i speak to them next

It is possible that it has been "forgotten" about and I certainly would not rely on the vendor or estate agent for an answer as it is in the best interests to sell. When the sale goes through the council will be notified and then questions may be asked. Be wary and do the homework by checking yourself with the council and planning office.

 

[linux_usr]

Good questions keep them coming and i will update as i get answers

 

[borderbilly]

No not yet we have not seen the PP yet but i viewed the freehold in march and have got to know the estate agent and the vendor. it all seems legit. estate agent quite high end

Dick Turpin was quite high end, but he still robbed you 😒

 

[linux_usr]

His a builder the caravan is immaculate

 

[linux_usr]

wish i could show the FREEHOLD but its under offer and wouldn' t be right to disclose. you may even go grab it yourself haha

 

[Buckman]

wish i could show the FREEHOLD but its under offer and wouldn' t be right to disclose. you may even go grab it yourself haha

You need proper legal documented advice on this issue before proceeding with anything just in case there is an issue at a later stage.

 

[ProfJohnL]

When it come to buying land its prudent to use a solicitor to do all th e necessary searches and legal checks before you sign the contract.

Your solicitor should be able check and advise you regarding the legality of your intentions for the property. If the solicitor finds anything which might be troublesome you might have to seek additional professional assistance to clarify the allowed or change of use which might need a planning application.

I have come across a situation where a Gloucestershire farmer built a barn in a outlying field on the edge of his farm, The barn included some accomodation rooms for some of his farm hands. A few years later the farmer left and sold sold up. A young couple encouraged him to sell them the small field with the barn separately to th e main farm, with the intention of turning th e barn into their home by reworking the accommodation rooms.

Their solicitor rightly pointed out that whist the accommodation was there, it could not be used as a private dwelling becasue it was classed as agricultural accommodation. It would need a change of use requiring planning approval.

Despite this warning, the couple purchased the property (at an elevated price) and then sought retrospective planning approval for change of use, which even on appeal was rejected . The couple made a substantial loss when they sold the property to the new farmer who had bought the old farm.

Ironically if the couple had used the parcel of land as a small holding to grow vegetables for sale they might have got away with it.

 

[otherclive]

When it come to buying land its prudent to use a solicitor to do all th e necessary searches and legal checks before you sign the contract.

Your solicitor should be able check and advise you regarding the legality of your intentions for the property. If the solicitor finds anything which might be troublesome you might have to seek additional professional assistance to clarify the allowed or change of use which might need a planning application.

I have come across a situation where a Gloucestershire farmer built a barn in a outlying field on the edge of his farm, The barn included some accomodation rooms for some of his farm hands. A few years later the farmer left and sold sold up. A young couple encouraged him to sell them the small field with the barn separately to th e main farm, with the intention of turning th e barn into their home by reworking the accommodation rooms.

Their solicitor rightly pointed out that whist the accommodation was there, it could not be used as a private dwelling becasue it was classed as agricultural accommodation. It would need a change of use requiring planning approval.

Despite this warning, the couple purchased the property (at an elevated price) and then sought retrospective planning approval for change of use, which even on appeal was rejected . The couple made a substantial loss when they sold the property to the new farmer who had bought the old farm.

Ironically if the couple had used the parcel of land as a small holding to grow vegetables for sale they might have got away with it.

My wife and I were interested in a cottage, outbuildings and parcel of land at an attractive price. But it wasn’t until we went into the detail of the sale papers that we realised it had to be run as an agricultural or horticultural business, which with our respective jobs was not possible. In the end we just bought another cottage with land but no restrictions on its usage.

 

[JTQ]

I would seek legal clarification from a specialist in this field on what constitutes "12 month holiday home use" vs "12 months residential use".
You need the latter, the former could well be a property that could only be holiday use "let", but could be let for multi holiday use lets all the twelve months.
That its residential use was "tolerated" or the legality for whatever reason was not further tested up till now, is unlikely IMO to prove a 100% reliable defence against enforcement.

I have known where children were involved the LA advised my parish council that they were tied from taking eviction enforcement. An example where things can happen because of the special circumstances of the case.

 

[chatter]

where i have my van its a 12mth licence but you can only stay 28 days at a time then have to have a break, but i can use it all year round rather than march to october. tbh it sounds more that you are paying for the land that happens to have a van on it, but as stated land will have a yearly council tax on it or an agricultural tax on it (farming/nursery/woodland) and you could find that once purchased the council make you remove said van.
Keeping a few chickens will not give you right of occupancy as a lot of folk seem to think