Garage - change of use of Taylor Wimpey home

markyyyyyy

Hi,

we are currently with the solicitors going through the steps to purchasing our house.

i work from home and i NEED to convert my single detatched garage into a room for my sports massage. This is one of the main reasons for the move, so my work can be away from the home.

Can anyone provide me with any information with regards to changing the use of a garage on a Taylor Wimpey development that is 4 years and 6 months 'old' (as i type). Are there any restrictions?

I will be going through building application with the local council, but hoping taylor wimpey dont kick up a fuss?

thanks

Mark

NeilCr

I am assuming that Taylor Wimpey still hold the freehold for the development?

You and your solicitor need to be looking for any covenants. It is quite common for there to be one stopping you running a business from home. There is one on our estate (not Taylor Wimpey). We now own the freehold of the estate but the covenant still exists and is usable.

Doozergirl

There can be planning restrictions on garage conversions if the garage is classed as a qualifying parking space to obtain planning permission in the first place - ie. you have one space on the drive and need two to meet planning requirements.

The more I think about it the more I wonder why people buy mass produced new builds when the developers do things like remove a reception room to fit in a parking space to meet a requirement to have a bit of space around the house, not in the middle of it.

markyyyyyy

NeilCr wrote: »

I am assuming that Taylor Wimpey still hold the freehold for the development?

You and your solicitor need to be looking for any covenants. It is quite common for there to be one stopping you running a business from home. There is one on our estate (not Taylor Wimpey). We now own the freehold of the estate but the covenant still exists and is usable.

so basically, in your case, you are not allowed to run a business from home even though you own the freehold?

What would happen if there was an agreement, but i still went ahead and worked from home? - assuming neighbours wouldn't complain...

NeilCr

markyyyyyy wrote: »

so basically, in your case, you are not allowed to run a business from home even though you own the freehold?

What would happen if there was an agreement, but i still went ahead and worked from home? - assuming neighbours wouldn't complain...

Well I own the freehold of my house and there are covenants on it. One of which is not to run a business.

What agreement are you talking about? I'd guess that Taylor Wimpey would take a dim view.

We are relaxed about it. In all honesty, it depends on the business. If someone was runnng an accountancy business who is going to know. On the other hand we had a problem with someone runnng a child minding service because the parents parked in residents parking spaces and we were about to take action when she moved.

What you are doing is going to be pretty blatant (Doozergirl's points are very valid). You only need one neighbour to complain about breaking the covenant -and, believe me, they do. If there is a covenant then I think you'd be skating on very thin ice.

spadoosh

markyyyyyy wrote: »

so basically, in your case, you are not allowed to run a business from home even though you own the freehold?

What would happen if there was an agreement, but i still went ahead and worked from home? - assuming neighbours wouldn't complain...

The original parties of the covenant can impose an injunction at any point to prevent the business operating. They could then sue you for losses (id imagine its imposed by the council more than anything, and to try and meet zoning obligations with regards to business areas and residential areas, the costs would be hard to quantify i suspect but then the council have the best tools available for working that out).

All that being said i would think the more worrying concern would be that of insurance. I cant imagine you would be able to get a valid insurance policy when being used in a place that isnt supposed to carry out business activities?

markyyyyyy

Would these covenants still apply if we are the second owners of the home?

Doozergirl

markyyyyyy wrote: »

Would these covenants still apply if we are the second owners of the home?

Yes. Covenants and planning restrictions where applicable.

AdrianC

markyyyyyy wrote: »

Would these covenants still apply if we are the second owners of the home?

Absolutely! They are enforceable on all owners right up until they are rescinded.

These are not dependent on you converting your garage, either. You can be massaging people on your kitchen worktop, for all the covenants care. You already work from home? Then you may already be in breach of them.

You say you "NEED" (your capitals) to convert the garage. Given the likely cost, together with change-of-use and planning considerations, might it be worth you considering renting space in some kind of local treatment centre? You need to talk to your accountant - there may be other factors that you've not considered, especially around tax, when it comes to converting a portion of your home for business use, especially if you're considering offsetting the costs of the work against income.

NeilCr

markyyyyyy wrote: »

Would these covenants still apply if we are the second owners of the home?

Yes. They would. I am the second owner of this house.

To add to the other points being made. From a freeholder's POV even if you did get permission to convert it and (very unlikely) that all the neighbours were onside you would still be creating a precedent. The next person might want to convert their garage to repair cars - if we then said no to them (citing the covenant) they would just point at you and say he's running a business.

I've got to say you have a lot of hurdles to get over. I don't know much about planning but Doozergirl does seem to be making very valid points.

PasturesNew

My house is freehold, the total land that is freehold also includes the parking bay and all the land between my gate/fence and that bay.

There are covenants/restrictions on running a business from home - it is not allowed. Many things aren't allowed in the small print. I can't even park a vehicle that could be slept in on my freehold owned parking spot (e.g. a camper van). A neighbour has been parking one of those in the car parking area, but it's not a nuisance/bother to me, so I've said nothing to them - but the chap whose entire living room bay window it blocks might not care to see the 4rse end of it, so that's for him to shout to them about, not me.

If I spotted a neighbour was breaking that covenant, then it'd not bother me unless they were bothering me.... so that'd depend on the type of business, comings/goings etc. e.g. if their visitors kept parking in my spot I'd be all over them like a rash as there's only 1/house. It's all to do with "are you being a nuisance to me" whether you'll run the gauntlet of neighbours complaining.

You can have planning permission granted to run a business, but that doesn't give you permission to run it from that address if there are covenants/restrictions preventing you from doing so. It's a bit like planning permission for a house - I can submit and get a planning permission granted to build a bungalow in your garden .... but I'm sure you'd have something to say about that if I actually tried to build it!