New Build Detached Garage Conversion - Developer Want £600!

L32
L32 Posts: 19 Forumite
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Working at home now more than ever, I decided I need a dedicated office space as getting work done with a 7 month old baby in the house was getting tricky! The plan is to convert half of a detached garage, with a dividing stud wall, leaving the other half as storage. I began getting a few quotes and looked into building regulations. I then thought I would email the developer, to let them know as I'd heard of similar developers having restrictions in place. 
I was shocked to receive a reply saying that they wanted scale drawings of the plan, a copy of the planning permission if required, and a payment of £600.
I purchased my house from new 2.5 years ago on a freehold basis. The title deeds show the garage as part of the property, and as far as I can see, there is no mention of any restrictions over a set period of time. I have asked them to clarify exactly what this charge would be for and for them to send me the detail as to where it stipulates this is payable. My next step will be to seek legal advice but thought I'd check in with the ever reliable MSE folk! 
Any advice would be much appreciated. 

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Comments

  • L32
    L32 Posts: 19 Forumite
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    So a quick update, I've looked again at the deeds and it states:

    "(06.12.2017) A Transfer of the land in this title dated 1 December 2017
    made between (1) Martin Grant Homes Limited and (2) ME contains restrictive covenants.
    NOTE: Copy filed." 
  • Grenage
    Grenage Posts: 3,153 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What are the restrictive covenants?
  • L32
    L32 Posts: 19 Forumite
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    That's now what I'm trying to find out. I didn't receive a copy of the TP1 form upon completion so I've queried that with my solicitor. Just seems ridiculous that essentially partitioning off half of a detached garage can cause such a headache. 
  • I'd be amazed if your solicitors allowed the purchase to complete without having sight of the restrictive covenants referenced in the deeds and they should have let you know what these were before you purchased. Unfortunately I think you'll need to wait to hear back from the builder and your solicitors to find out what they want it for but it might be to release you from whatever covenant there is.
  • DOH_a
    DOH_a Posts: 144 Forumite
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    It is quite common for developers to have certain restrictions or covenants on new build developments. Reason being is within the first few years (or even more) of the house being built, they do not want people extending or altering them while the house is still settling in for problems to arise, which may then open the opportunity for homeowners to make a claim. Some developers request you present them with the relevant information so they can first provide their comments or approval prior to you going down the formal routes.

    In addition to any approvals required by the developer, there may also be a restrictive Planning condition that prevents you from converting a garage via Permitted Development.

    Just a minor note, a timber stud wall on its own will not suffice in providing the required fire and thermal resistances between the garage and the newly converted area.
  • RelievedSheff
    RelievedSheff Posts: 12,578 Forumite
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    You need to check those covenants. Ours specifically state that we can not convert the garage into living/office space. It has to remain as a garage.
  • TELLIT01
    TELLIT01 Posts: 17,766 Forumite
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    If there is such a covenant, and you solicitor didn't inform you of it, I would be 'having words' with them as they failed to do their job properly.
  • L32
    L32 Posts: 19 Forumite
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    Thanks all.

    I've looked through all of my completion documents from the solicitor which have been untouched since we moved, and there was no TP1 form which should list the covenants. I've emailed the solicitor to see if I was supposed to have received a copy. At no stage did the solicitor highlight these covenants (I have every piece of correspondence from them). Obviously I have signed all of the documentation but as ever they would have been full of legal jargon, so I may have read the covenants. without fully understanding it. 

    I was hoping it would all be straightforward given that that there will be no change to the exterior of the garage, no plumbing, and nobody sleeping their. The stud partition wall would be insulated to meet building regs, though.

    For me the craziest thing about it all is that when first moving to the property, I tried to park my car (Seat Leon Hatchback) in the empty garage. The car fit, but I couldn't open the door without it hitting the wall. The driveway is also particularly long for a new build development, with space for three cars so there's no parking issues. 

    Actually had a very restless night last night after all of this 😒
  • EssexExile
    EssexExile Posts: 6,402 Forumite
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    L32 said:
     The stud partition wall would be insulated to meet building regs, though.
    I don't think insulation is the problem, it's fireproofing that is needed between a garage and a house, even if the garage isn't big enough for a car!
    Tall, dark & handsome. Well two out of three ain't bad.
  • L32
    L32 Posts: 19 Forumite
    Third Anniversary 10 Posts Name Dropper
    L32 said:
     The stud partition wall would be insulated to meet building regs, though.
    I don't think insulation is the problem, it's fireproofing that is needed between a garage and a house, even if the garage isn't big enough for a car!
    Oh I didn't realise that. Is that only when work has been done? The garage came installed with a strip light and two plug sockets, and there's no fireproofing in place currently. Does the fact that it's detached from the house make a difference? 
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