Garage - change of use of Taylor Wimpey home

Doozergirl

Before you spend money on the solicitors looking for you...

a) download the title register from the Land Registry. Costs £3
b) Speak to the planning department at the local authority and ask if any Permitted Development Rights have been removed. Free.

markyyyyyy

thanks for all of your replies.

this is very gutting, as its the ideal house and everything is just perfect apart from this issue. looks like we have some thinking to do!

renting is an option, but from a financial point of view it isn't the ideal option.

I have a maximum of about 6 to 7 people visiting me per day, but it is usually 4 or 5 as i do a bit of mobile work aswell.

I could just gamble and hope that the neighbours don't kick up a fuss then no one would know? .... but then all it takes is one person to complain.

they would be parking on the driveway at the sie of the house. The driveway can park about 3 cars, and the garage is at the end of the drive

Doozergirl

markyyyyyy wrote: »

thanks for all of your replies.

this is very gutting, as its the ideal house and everything is just perfect apart from this issue. looks like we have some thinking to do!

renting is an option, but from a financial point of view it isn't the ideal option.

I have a maximum of about 6 to 7 people visiting me per day, but it is usually 4 or 5 as i do a bit of mobile work aswell.

I could just gamble and hope that the neighbours don't kick up a fuss then no one would know? .... but then all it takes is one person to complain.

they would be parking on the driveway at the sie of the house. The driveway can park about 3 cars, and the garage is at the end of the drive

Am I missing something? You haven't actually established that there is a covenant and/or restriction in place have you?

You only asked us if there could be!

NeilCr

First thing to do is to follow Doozergirl's advice at #12. There may not be such a covenant but I'd be a bit surprised on a new development.

If there is you would be talking a big risk. People can be unpredictable about covenants and, by converting the garage, you are drawing attention to your business. If I'm honest you'd have a better chance doing it from the house (not that I think that would be a great idea)

markyyyyyy

Doozergirl wrote: »

Am I missing something? You haven't actually established that there is a covenant and/or restriction in place have you?

You only asked us if there could be!

i have just phoned taylor wimpey and the sales team said that no buisness can be ran from home. I have however that they ask their legal team and confirm....

ive downloaded the document from landregistry but cant see anything about a list of convenants?
should there typically be a list on there?

Cheers

Doozergirl

NeilCr wrote: »

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.

There is no such thing as a planning precedent.

It also makes a difference what the business is. No one is likely to gain permission for a car repair business running on a Taylor Wimpey estate. The planning department would take issue.

Most houses you could run a business such as the OPs with impunity - either because there is no restrictive covenant or because the owner of the covenant has long since gone.

In all likelihood, TW will not enforce if they have no involvement with the development anymore. They do it for their own benefit a lot of the time, more than the benefit of the neighbours. The local planning department are ultimately responsible for enforcing where businesses operate and they'd take no issue with a small business 6 or 7 clients a day, one at a time.

Either way, I'd always buy a proper house (ie. not a generic lego new build) where you're not being overcharged for cardboard walls and a lack of privacy.

markyyyyyy

Doozergirl wrote: »

There is no such thing as a planning precedent.

It also makes a difference what the business is. No one is likely to gain permission for a car repair business running on a Taylor Wimpey estate. The planning department would take issue.

Most houses you could run a business such as the OPs with impunity - either because there is no restrictive covenant or because the owner of the covenant has long since gone.

In all likelihood, TW will not enforce if they have no involvement with the development anymore. They do it for their own benefit a lot of the time, more than the benefit of the neighbours. The local planning department are ultimately responsible for enforcing where businesses operate and they'd take no issue with a small business 6 or 7 clients a day, one at a time.

Either way, I'd always buy a proper house (ie. not a generic lego new build) where you're not being overcharged for cardboard walls and a lack of privacy.

so, the current owners bought the house in september 2013

there is no development happening on that estate anymore

are you suggesting that there shouldn't be a problem with me running the sports massage business from home (all there will be is 1 car turning up at a time, spread throughout the day and into the evening)

thanks

mark

Doozergirl

markyyyyyy wrote: »

i have just phoned taylor wimpey and the sales team said that no buisness can be ran from home. I have however that they ask their legal team and confirm....

ive downloaded the document from landregistry but cant see anything about a list of convenants?
should there typically be a list on there?

Cheers

Yes. There should be a numbered list with dates saying things like "The freehold land shown edged with red" and "no disposition by the proprietor of the land is to be registered without the consent of the proprietor of the charge dated x" (if there is a mortgage).

I'd expect the restrictions to be there for a four year old house.

Edit: I've just pulled mine out. My deeds date from 1938 and are in electronic format now. It's two pages long. There is a "Schedule of Restrictive Covenants" under part C: Charges Register

a)I have to maintain the fence on the map marked with a T (map has long since disappeared and all four of my neighbours seem to think that we're responsible for all the fences, surprise surprise!)
b)I'm not allowed to erect a shed or have a wooden erection without written consent of the original vendor (someone should have told the last person who owned the house for 50 years!)
c)I'm only allowed a detached or semi detached house on the plot (oops, we're building another one!)
d) Not to use the land as anything other than to put a dwelling house (the previous owner ran a car recovery/breakdown yard from the back and the one before him a coal yard)
e)I'm not allowed to use the land or buildings to be a nuisance :rotfl:
f) I'm not allowed to put up a front wall higher than four foot six.

None of those covenants have been enforced for a very, very long time.

NeilCr

Doozergirl wrote: »

There is no such thing as a planning precedent.

It also makes a difference what the business is. No one is likely to gain permission for a car repair business running on a Taylor Wimpey estate. The planning department would take issue.

Most houses you could run a business such as the OPs with impunity - either because there is no restrictive covenant or because the owner of the covenant has long since gone.

In all likelihood, TW will not enforce if they have no involvement with the development anymore. They do it for their own benefit a lot of the time, more than the benefit of the neighbours. The local planning department are ultimately responsible for enforcing where businesses operate and they'd take no issue with a small business 6 or 7 clients a day, one at a time.

Either way, I'd always buy a proper house (ie. not a generic lego new build) where you're not being overcharged for cardboard walls and a lack of privacy.

I was thinking of the covenant precedent. Planning is something that (as you will have noticed) I know nothing about,

I am assuming that TW still own the freehold for the development. I did ask in the opening post and the phone conversation the OP had with them would appear to indicate they do. Even if they aren't bothered , if neighbours complain they will have a problem ignoring them given the covenant.

Each to our own. Our estate is lovely and we all like living here. As has been said in previous threads I think there can be a difference between those estates built by the "big boys" and those built by small local builders

Doozergirl

markyyyyyy wrote: »

so, the current owners bought the house in september 2013

there is no development happening on that estate anymore

are you suggesting that there shouldn't be a problem with me running the sports massage business from home (all there will be is 1 car turning up at a time, spread throughout the day and into the evening)

thanks

mark

I certainly cannot guarantee it. I think it would depend on how your neighbours (present and future) feel about it. I have a friend who runs a nail business and she has a neighbour who thinks it is their job to uphold the integrity of the neighbourhood by keeping riff raft such as the occasional 'ladies what lunch' away from the development. In her position I'd happily risk it and wait for a letter to drop, but she's risk averse and the business came a long time after the house.

I think you need to think very carefully indeed if you are reliant on this to make your living.