planning permission on our conversion?

thisisthecount

We have a property we have been renting out for a while and the tenant has agreed to purchase this off us.

We had the garage converted to a home office studio and buyer is asking when it was converted as the solicitor might ask regarding planning?

What would you advise we do in this situation? We did not get planning permission to change the use of the garage.

We originally moved in to that property in 1997, we converted the garage in 2000. And then we moved out to our current property in 2002 – not sure if that’s relative?

Much appreciated for any pointers you can give me?

Thanks

pixiepie99

Don't think you need planning permission: http://www.planningportal.gov.uk/england/genpub/en/1115315233095.html

May well need to talk to your council's building control team about building regs though.

thisisthecount

oh right, thats good news. Will call the council about building regs

danielanthony

Its a change of use of the building. I just bought a house where the garage is 'converted' into an office, but as the garage door is still attached the conversion is seen as temporary as it would be quick/easy to park a car in there (as if) so no change of use request to the council required. This came up in our Homebuyers Survey. So I guess its how permanent the conversion is really.

thisisthecount

well, its a single width garage, we the original door as it was made of wood. but to one side, we had a upvc door fitted. I guess this isn't 100% temporary? cladded

Doozergirl

It is not a change of use in planning terms. Conversion of a garage in most circumstances falls under permitted development.

It does fall under building control's remit as it is changing use to a habitable room but 'change of use' isn't an appriopriate phrase because of the planning conotations that come with that phrase. A change of use would be changing commercial to residential etc not just converting the garage of a dwellinghouse.

If you use something as a room then it should comply with building regs. I suspect that the fact that it sounds like danielanthony's may not comply means that it doesn't have building control sign off. And rather than being told that it doesn't need to comply, the vendors hadn't applied for it because it was not going to comply and it still looks like a garage.

If you are using the room as a habitable space and you are selling the property with the added value of it being a room over just a garage then it should have been signed off. Indemnities are available but some buyers may not be happy with the fact that you converted it but didn't bother with the regs.

Rather than speaking to building control and putting yourself in the situation where you cannot insure it against enforcement action (which in reality will not occur) it's better to leave it to your solicitor to offer an indemnity in the first place for the lack of building regs. Planning permission should not be an issue at all as long as you're not listed or in an area of outstanding natural beauty or a conservation area.

thisisthecount

Hi, we made the conversion ourselves - sorry for not making this clear. But we didn't think we needed building regs at the time.

Doozergirl

thisisthecount wrote: »

Hi, we made the conversion ourselves - sorry for not making this clear. But we didn't think we needed building regs at the time.

Would the quality of the conversion have conformed to building regs or did it just not occur to you to check the requirements at the time? I have updated my last thread btw; you should be offering an indemnity and not trying to get approval for something which it sounds like may not get past building control. It will certainly be cheaper.

thisisthecount

thanks for clarification, makes sense. this indemnity insurance - where do I get one of these from?

Doozergirl

thisisthecount wrote: »

thanks for clarification, makes sense. this indemnity insurance - where do I get one of these from?

It has to be purchased by your solicitor on your behalf. You can't buy it yourselves.

thisisthecount

ok thank very much. Feel a little bit of relief now.

Just hope the buyers solicitor doesn't sink their teeth in and want blood?