Neighbour wants to convert garage that is attached to our property

nolabels

I recently moved into a 1930s detached house. My neighbour on one side lives in a similar house from the same period, but has a garage that was built some time after, which is attached to my house, at the boundary wall. The roof of the garage is fully supported by our external wall. There seems to have been some informal agreement at some point in time that allowed several properties on the street to do this, i.e. turn the space between the houses into a garage. This was noted on the seller’s information details when I bought the house, but this would have been an informal arrangement between the neighbours. I believe the garage is at least 12 years old, most likely much older.

He came to see me to inform me that he would like to convert it into a utility room (and potentially other uses - he’d mentioned a kids play room too) while keeping the external appearance that of a garage (insulated garage door instead of bricks and window). From my understanding he would knock down what is currently there and replace like for like space-wise. The roof would be completely replaced as part of this.

What I would like to understand is:

*What my rights are as regards the use of my external wall, given the neighbour intends to knock down and rebuild
*My best course of action to ensure that my rights are protected
*What planning rules and building regs the neighbour needs to adhere to
*Whether I can withhold agreement to continue using our external wall

Fundamentally, I don’t want our house to turn into a semi-detached house, as it would affect the value of the house and as a habitable space would have noise implications in my house.

Any advice greatly appreciated! Thanks in advance for your time.

teneighty

The previous owner by allowing the garage to remain has given the neighbour party wall rights by enclosure, unless there is a legal document somewhere that has protected from this. So the neighbour effectively has rights to use half the wall as if he owned it.

Conversion will still need building regulations approval part of which would be to ensure the wall is upgraded to current sound insulation standards if required. Might or might not require Planning Permission and might or might not require a Party Wall agreement depending on what they plan to do.

You certainly do not live in a detached house.

MisterBaxter

I agree with 'teneighty' in terms of the existing building already being established, in effect you have a 'linked detached' property and what your neighbour is proposing doesn't change that. Your external wall is already established as a party wall.

A concern I would have is that you neighbour is suggesting that they will keep the garage door; I would be asking why, is this to conceal what they are doing from Planning/Building Control? My experience is that people do this to deceive the planners/building control. If the room is to be habitable (play room) then it will need a window.

The roof would have to be replaced at some point in the future and because it has been there at least 12 years without challenge I don't think that there is much you could have done about it anyway.

Depending on what they are planning Party Wall Act may apply and whilst you can't use that to prevent them undertaking the work you can try to ensure that your own property is adequately protected (although your neighbour may try to bypass PWA by not serving notices); Building Regulations will also ensure that the work is done properly but that assumes your neighbour is going to apply for Building Regs.

You mention an informal agreement at some point in the past but unless there is something very specific and possibly included on the deeds that dictate what the addition can be used for and how future repairs, maintenance, alteration are dealt with then I suspect that there is very little you can do, particularly given the length of time the garage has been present.

nolabels

Thank you very much for your reply, teneighty. The agreement for the garage was in place years before we and the neighbours moved into our respective properties. Does the party wall agreement automatically apply even if neither of us were party to the original agreement?

If the neighbour knocks down the current structure and rebuilds it, would this make any difference? I have read the Party Wall explanatory booklet, but I couldn’t find any information about this.

A couple of other houses on the street got rid of their garage that was attached to their neighbour to build a narrow side extension for a utility, leaving a gap between the houses for maintenance, thus detaching themselves. We were hoping our neighbours would do something similar however if they are determined to convert the whole garage and remain attached to our house, and if there is nothing we can do to legally stop them, then I understand we’ll just have to accept that we live in a semi instead of a detached house.

Marktheshark

Check planning notices on the council website.

nolabels

Thank you very much for your reply, MisterBaxter. During conveyancing, our house was always valued as a detached house, so it’s strange that there were no questions about the party wall.

From what the neighbour said, the garage door (instead of bricks and window) is to preserve the external appearance of our houses (i.e. house, garage, house) so he is supposedly being respectful to us. It is my suspicion that he wants to do it on the cheap quickly, but we’ll speak to him again to ask whether he has applied for building regs as that will hopefully encourage him to do things by the book.

The back of the garage conversion, which leads to his garden, will probably have a window as he may locate the play area towards the back while keeping the store/utility at the front.

nolabels

Marktheshark, I have checked the council website and there are no notices about their conversion. I think it is still early stages and he's respectfully keeping us in the loop regarding his plans, so we do appreciate that.

Marktheshark

It would effectively turn your detached house in to a semi detached.
I would await planning and object strongly.

zax47

Marktheshark wrote: »

It would effectively turn your detached house in to a semi detached.

To all practical intents and purposes it already is - and has been for some time....

I would await planning and object strongly.

Why do you think it needs PP?
Permitted Development rules apply, surely, as modifying/replacing existing. Building Regs approval, yes, but I suspect the neighbour is unlikely to bother...

nolabels

Marktheshark, that is my main worry. I fear that if the party wall is already established due to some informal agreement many years ago where owners allowed their neighbours to have a garage in the space between their houses, and if the garage conversion now falls under Permitted Development, then there is nothing we can do to prevent it.

Turning our detached house into a semi would have a detrimental impact on our house value and I find it bizarre that the law could just allow that to happen and we are powerless to do anything about it.

System

zax47 wrote: »

To all practical intents and purposes it already is - and has been for some time....



Why do you think it needs PP?
Permitted Development rules apply, surely, as modifying/replacing existing. Building Regs approval, yes, but I suspect the neighbour is unlikely to bother...

However PDR may have been removed for garage conversions. It is worth checking with the council whether this is the case. That is why I am rather sceptical about the neighbour's reasons for not removing the garage door.

http://www.planningportal.gov.uk/permission/commonprojects/garageconversion/