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Change of use of garage and selling

nedchester
Posts: 35 Forumite


In 2003 we had an extension on our house including a downstairs garage, which had doors on the front.
Once the work was passed off by the building inspector, we put a floor in the garage and turned it into an extra sitting room. Externally the house looks just the same as it did following the building work however, internally the only permanent 'new' feature is the extra floor.
I have read somewhere that there is a 4 or 10 year rule which means that once the change of use has been in existence for wither 4 or 10 years (not sure which??) then the new features become OK in planning.
Therefore should we wish to sell the house then despite the alterations then it will not affect any sale.
We have also read something about indemnity insurance?
Any help would be appreciated?
Thanks in advance
Once the work was passed off by the building inspector, we put a floor in the garage and turned it into an extra sitting room. Externally the house looks just the same as it did following the building work however, internally the only permanent 'new' feature is the extra floor.
I have read somewhere that there is a 4 or 10 year rule which means that once the change of use has been in existence for wither 4 or 10 years (not sure which??) then the new features become OK in planning.
Therefore should we wish to sell the house then despite the alterations then it will not affect any sale.
We have also read something about indemnity insurance?
Any help would be appreciated?
Thanks in advance
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Comments
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I think you'll find that what you have done is perfectly ok and comes under 'permitted developments' and therefore does not need planning consent at all. However, it's possible that building regs should still have been obtained. I suggest you ring your local authority to find out for sure.If you feel my comments are helpful then I'd love it if you 'Thanked' me!0
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I think you'll find that what you have done is perfectly ok and comes under 'permitted developments' and therefore does not need planning consent at all. However, it's possible that building regs should still have been obtained. I suggest you ring your local authority to find out for sure.
I did think of doing that but didn't want to open a can of worms as it were.....!
Edit: Just remembered that the permitted development rights for this house (on a new build estate) were removed. We had to have planning permission to have a conservatory put on a while back.0 -
Converting a garage into a habitable room is not on the face of it a material change of use requiring planning permission. Removal of the PD rights would not in itself affect it because it isn't development in the first place.
You have to look at the use of the unit of occupation as a whole - the Planning Unit. It is residential. The garege is used for housing a vehicle ancilalry to thwe overall resintial use. Changing a garage to a habitable room in planning terms is no different from changing a dining room to a bedroom. The overall use remains residential.
However having made the point that removal of PD rights won't affect it per se OP does need to look at the original planning permission because they may have been another express condition preventing the garage being converted into a habitable room. If that is the case then the conversion would be a breach of condition which is only immune after 10 years and and a lack of Planning Indemnity Policy would be needed.
The more serious issue is the Building Regulations and in this respect unless the garage was designed to comply with habitable room standards in the first place OP is likely to have a problem. What I don't understand is what they built an extension with a garage in the first place if they were intending to use it as a room - why not submit plans showing it as a room? Was this because of potential issue over loss of parking?RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
If you are unsure and don't want to open the can of worms you could change the garage back to a garage? When you show people around you could then tell them about how you used it? Its up to the buyers then to negotiate the building regs questions and it saves you getting difficult questions about the change of use documentation from their solicitors when they buy.Politicians and diapers have one thing in common. They should both be changed regularly, and for the same reason.0
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Does it have a window? Does it have a proper front wall or is it doors?0
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poppysarah wrote: »Does it have a window? Does it have a proper front wall or is it doors?
Doors/French windows on the front0
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