Planning permission for Garage conversion or is it a garage?

bouicca21

I came across one such conversion when I was buying as well as several other properties where I would have wanted to do a [proper] conversion myself. I also have a friend who did such a conversion.

In both of the conversions, the reason for leaving the garage door In place and building a false wall behind it was that planning permission for a window was refused - there being a local requirement for each property to have two parking spaces. Both garages were integral to town house type properties so I think the walls were probably OK and certainly my friend's conversion was beautifully done with no damp/mould problems. But the reality remained - those rooms were still technically garages.

EachPenny

suvp wrote: »

I understand from reading the previous posts and yours that this does not need planning permission.

It isn't as clear cut as this. What applied in other people's circumstances regarding planning consent might not apply to yours.

The fact that no external alterations were required, and that a conversion of this type may be PD in some cases, doesn't mean that no planning consent was required in this case.

When it was originally built the planning consent may have been given subject to conditions. This is more likely to be the case if further development rights have been removed. One condition often applying to residential properties is to maintain 'x' spaces for vehicles to park. If the garage was the way in which one of these spaces was provided then it would be a breach of the consent to change the use of the space so it no longer provides what the consent required.

There is no obligation on the owner to actually use the space to park a car, and few planning authorities would take action against someone using a garage as a store room. But when you go as far as to insert internal walls and make use of the space as a habitable room then the garage has ceased to function as a garage.

As a buyer I would want confirmation that there is no planning restriction on converting the garage, as well as ensuring the building regulations situation is regularised.

If the room has been wrongly described I would certainly want to renegotiate the price downwards.

Edit: bouicca21 has posted an example while I was typing. Putting a wall up behind the garage door isn't a way of bypassing planning law - the garage is still a garage, it is only the use the occupier puts the space to which changes. At any point the planning authority could require the removal of the internal wall, subject to limitations on enforcement action.

suvp

Surrey_EA wrote: »

Has the mortgage valuation been carried out yet?

yes a mortgage valuation has been done and the surveyor asked us to check if building regs were in place for this conversion.

pmlindyloo: the EA have advertised it as a reception room/tv room for multipurpose use.

I called the EA to note that the room has been wrongly advertised and about the sellers now calling it a garage. The EA argued that it is a garage conversion because there is a garage door on the front and this changes nothing!

I am now trying to contact the council to find out if there is any planning restrictions for a conversion.

Doozergirl

suvp wrote: »

It does not have a window there is a doorway into the foyer by the main door.
the thought of renegotiation has crossed my mind but is there a guide on how much can be knocked off because the room is now a garage?

The window is *really* important! It is not a garage conversion, it is not a habitable room. Estate agents are marketers. They are not planning or building professionals. I'm not even sure how to describe the agent you spoke to!

Have you had a mortgage valuation? I cannot see them accepting it as a room. At the very least they will ask for the paperwork, but they should know that a room without a window is not a habitable room. They may value beased on it being a garage.

Do you feel that you paid more for the house because of this room? How do other houses without that space compare in price?

A garage conversion might cost £10,000 to do properly, if it's relatively simple. The price of the house could be increase by much less or much more, depending on space so it's about square footage and gut feel, mainly. If PD rights have been removed because this is a newer estate and parking is at a premium, you may never have the option to carry out a proper conversion should you want one. Those are what guide your decision, but the main factor will be the local price per square foot and if it has been factored into the agreed price.

Glover1862

I can't see it making any difference to the value, however the agents should have originally described it as a garage.

Depending on the type of house, having it as a garage will actually add value, I've a 5 bedroom detached property, if it didn't have a garage I wouldn't buy it. Some will consider the room more valuable but quite a lot will only consider a house with a garage.

If I was you, I'd just ask the owner to remove the furniture, you buy the house as having a garage and then worry about it later. you'll get into loads of legal and mortgage headache, if you purchased the house due to the extra space then fair enough, walk away, but long and short is that no building regs exists so either buy it as is or not at all.

teddysmum

If you agreed a price based on having a room, which turns out not to be a habitable room , then that price should drop, as you aren't getting what you expected and by stating 'garage' the vendors are admitting that.


They can't blame this discrepancy on the estate agent, as the latter probably would be unaware of the quality (ie not meeting regulations) of the ' tv room'.

suvp

I spoke to the building control office and the planning office- although planning permission was not required for this conversion building regulations approval is needed to term it a habitable space.

Would an indemnity insurance help in this situation?

it looks to me like renegotiation of price given misrepresentation is where this will unfortunately take me!
I just want to have my first home!!!:(

martinsurrey

suvp wrote: »

I spoke to the building control office and the planning office- although planning permission was not required for this conversion building regulations approval is needed to term it a habitable space.

Would an indemnity insurance help in this situation?

it looks to me like renegotiation of price given misrepresentation is where this will unfortunately take me!
I just want to have my first home!!!:(

Did you tell the council the address of the house? if so indemnity is off the table.

I think you are getting a bit too worked up by this, you are still getting what you saw when you viewed, no Victorian houses have planning permission or building regs approvals, yet they are sold day in day out and are most definitely "habitable".

building regs departments wont be interested in taking enforcement action they are slammed and understaffed as it is.

When you had your survey, did the surveyor raise any issues OTHER than "check permissions" on the garage room?

Glover1862

suvp wrote: »

it looks to me like renegotiation of price given misrepresentation is where this will unfortunately take me!
I just want to have my first home!!!:(

Why would a garage be worth less than the space? You're just making work for yourself, some garage conversations can add, reduce or make no difference to value. The more you make enquiries the more notice you bring to it. It's not majically going to get building regs.

EachPenny

It's not dissimilar to the room in the loft situation.

If you were buying a 4 bed house and then discovered the "bedroom" in the loft didn't have building regs approval and had been constructed in a way which would never get them without substantial additional expense then would you expect to pay as much as for the same house where the room in the loft could legally be called a bedroom?

It isn't this purchase which is the problem - it is when the purchaser tries to sell. Do they do the same 'trick' and misdescribe the room, or do they sell the house with a garage which cannot be used as a garage without further work to undo the conversion?

If they decided to go down the legally safe route with a future sale (which most EA's would insist on) then the OP will not be able to sell the property for as much as they would if it had the additional habitable space.

The purchase price today should reflect what the OP is buying - i.e. a risk they will have to pay a considerable amount to make the garage into a habitable room, or to convert it back into a garage again. Or face the same issues again when they come to sell.