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I hope you can help me. We are in Ashford in Kent. No - not…

Customer Question
Hi - I hope...

Hi - I hope you can help me.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

We are in Ashford in Kent

Lawyer's Assistant: Has anything been filed or reported?

No - not as yet

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It relates to a static home in the curtilage of a residential dwelling. I'm try to understand what we need to in order to get a lawful use certificate

Submitted: 3 months ago.Category: UK Property Law
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Answered in 2 days by:
3/13/2018
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
JimLawyer
JimLawyer, Senior Associate & Consultant
Category: UK Property Law
Satisfied Customers: 379
Experience: Senior Associate Solicitor and Litigator
Verified

Hello and thank you for the question.

Can I ask how long the static home has been in situ for? Also is the home used intermittently or on a more permanent basis? Can you also advise what the land is used for where the home is in situ (eg is it on agricultural land or someone's private dwelling?) and the approximate acreage for the land

I look forward to hearing.

Kind regards,

J

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Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
Hi could you please reply, thanks
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Customer reply replied 3 months ago
The static home has been in situ for over 10 years. It was used intermittently by staff and is now uninhabitable. It is on the curtilage and has been deemed lawful in the SECOND SCHEDULE (The property has lawful development certificate to 'dwelling status' and the static home is shown in the outlined map of this) there are 3 acres. It appears to be Lawful? Does it have lawful development rights? Thank you in advance for your help J
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
Thanks, ***** ***** a static caravan on land within the curtilage of an existing residential property doesn't require planning permission, provided it is being used as ancillary to the main property, for occasional guests etc. however, to be used as a permanent residence you would need planning permission. What is important is not how long the caravan has been there, but how long it has been used as a permanent residence in its own right. If it has been lived in continuously for ten years or more, you can get a Certificate of Lawfulness, meaning it will effectively have obtained permission to be used as a permanent residence. However, that doesn't sound possible in this case, given what you say about its intermittent use. Again, it's not how long the caravan has been there that's important - its how long it has been used as a residence in its own right.
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Customer reply replied 3 months ago
We were hoping to replace (its currently derelict) it and have a friend live there during the week while they look after their ponies. Could anyone ie council/neighbours object to this?
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago

Hi again,

As long as the new dwelling is the same size or smaller than the last one then the council will be fine (as will the neighbours).

I hope this answers your question.

Please rate my answer anyway - happy to assist further if you would like anything clarifying

Best wishes,

J

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Customer reply replied 3 months ago
there would be no council issues with the friend living there? There would be some kind of informal rental agreement I guess.
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
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