convert garage

Gavin57

I believe that the four year rule only applies to planning. A future buyer can still pick up that unauthorised works have been done through being picked up on a surveyor's report and still request a clearance certificate to say that the work complies with the building regs.

Debt_Free_Chick

My understanding is that if you have a structure that should have had planning permission, but doesn't ... then it is always without planning permission. So the authorities can pursue you at any time in the future ... simply because it does not have the necessary permission i.e. it's "illegal" in the planning sense.

When the authorities catch up with you, if it turns out that the structure might well have been granted PP, then you are likely to be allowed to make an application for retrospective PP.

However, if it's a structure that would not have fitted in with the planning guidelines either when it was erected or now, then you'll be required to dismantle it or return it to its pre-development state.

Never heard of the 4 year rule. There used to be a 5 year rule for PP - if you were granted PP then you had 5 years to start the works. That is now 3 years.

But this ONLY applies where you have PP ... not where you don't, but should have. I'm not aware of any time limits on enforcement action - once the development is unauthorised, it's always unauthorised. And there can be problems if you ever sell as you cannot prove that the development is authorised/lega.

Good luck

[Deleted User]

Debt_Free_Chick wrote:

My understanding is that if you have a structure that should have had planning permission, but doesn't ... then it is always without planning permission. So the authorities can pursue you at any time in the future ... simply because it does not have the necessary permission i.e. it's "illegal" in the planning sense.

That's incorrect, there is a time limit for PP after which the Council can't do anything about it. And we are not planning to move ever again so we are not worried too much about building regs (a part from Health and Safety of course). Besides, hubby knows BR so he is doing it the right way.

Now can we drop it please, this thread was not about me (sorry original poster for hijacking your thread). :beer:

Debt_Free_Chick

Van1971 wrote:

That's incorrect, there is a time limit for PP after which the Council can't do anything about it.

For the benefit of others who might rely on your "advice", please post a link to a statutory source that confirms this. I, for one, am not convinced. If something is "illegal" then letting time pass does not make it "legal".

Now can we drop it please, this thread was not about me (sorry original poster for hijacking your thread). :beer:

No - you have chosen to post on a public forum and me - as well as others - can choose to add to this thread, if we wish. Sorry, but you don't own it.

Regards

[Deleted User]

Debt_Free_Chick wrote:

For the benefit of others who might rely on your "advice", please post a link to a statutory source that confirms this. I, for one, am not convinced. If something is "illegal" then letting time pass does not make it "legal".

A planning breach in itself is not 'illegal' and the council can permit a retrospective application where planning permission has not been sought.

However:

Chapter 8: Partial Regulatory Impact Assessment (RIA) Review of the Planning Enforcement System in England. Time Limits for Taking Enforcement Action - The 4 And 10 Year Rules:
8.22 - The four-year and ten-year time limits for taking enforcement action were introduced in 1991.These time limits are important cut off points for taking enforcement action. After expiry of the relevant periods - 4 years in the case of operational development and breaches relating to use as a single dwellinghouse, and 10 years for any other breach of planning control - the breach of development control becomes immune from enforcement action and thereby lawful.

Section 124(2) of the 1997 Act (Scotland) provides that enforcement action may only be taken within 4 years of the date of the breach. This time limit applies both where the change to use as a single dwellinghouse involves development without planning permission, and where it involves a failure to comply with a condition or limitation to which a planning permission is subject.

Debt_Free_Chick wrote:

No - you have chosen to post on a public forum and me - as well as others - can choose to add to this thread, if we wish. Sorry, but you don't own it.

Never said I owned it, I was asking to stop focusing on me as form of respect to the person that started this thread. Regards.

truffle

Van1971 wrote:

Besides, hubby knows BR so he is doing it the right way.

Van, it seems strange that if you are going to convert properly that you would not get the right approvals from the council - building regs would only cost about £200 - thats 5% of the £4000 people have said that they are DIY converting for and you would get guidance from them and inspections to make sure that its being done properly so that you wont have problems in the future.

You may have no plans to move now but if you remortgage or sell then solicitors will ask for the right certification - if you leave the house to say your childern then they would have the issues if they came to sell. In the meantime it would be wise to check if your home insurance is affected by having un-authorised works. If anything happened to your house and they found out about the conversion they would try to use that as a way of not paying out

You should be aware that the building act allows the council to take out an injunction at any time if it believes that their is non compliance with Building Regs or a health and safety risk.

Its better that you know about these things now rather than them surprising you in the future

kitycat

My friends in basildon just got a local guy to convert their garage into a bedroom for £3k!:shocked:

i am getting some quote for mine so will let you know!:)

rca779

I am looking at converting my garage into a play room. It is a detached double garage at the bottom of my garden.

All I am looking at doing is putting a stud wall up behind the garage door and then insulated plasterboard around the walls and the ceiling.

Do you think I need planning permission or building regs for this?

ianeverton

Strictly speaking you only need building regulation approval if the new room is considered a habitable space (not sure on the definition of that). I have built a utility room at the back 2 thirds of my garage so in my opinion it is not a habitable room.

In my case i did it all myself so have had a very small outlay so with the very worst case scenario it could be returned to original state without me having a breakdown.

If you are only using it occasionally as a playroom i wouldnt be overly worried, however if it is habitable and you want to comply speak to the planning to see what is required. You may be pleasantly suprised how little more than the work already planned you might have to do to comply with BR's.