Advice about neighbour's garage conversion.

Calembert

Our estate is a fairly new build, finished in 2014, which is about the time we moved in.
Our house is supposed to be a four bedroom detached house, with garden driveway and a single garage. Our garage is attached to the side of our house.
The neighbour on one side of use is facing onto the road around the corner and is I think a 6 bedroom detached house, and as such was sold with two garages. However these garages are not attached to their house but to the other side of our garage. I.e. there is a party wall between our garage and one of theirs.

They recently decided to knock the dividing wall out between their garages and the end wall that faces the back of their house. The end wall now has windows and a door. The two garage doors have been replaced but are fixed in position and sealed around the edges. This work took a couple of months being a mix of contractor work (mates of the owner's) and DIY. They told my wife when she saw them in the street that they were "improving the storage" in their garage. When I started seeing substantial work going on like internal and external wall removal, I went around and asked the owner more precisely what they are doing, because whatever they are doing is attached to my house and I felt entitled to know. I was told they were creating a home office and would be putting in sound isolation in. 

We as neighbours were not consulted or informed by them of any work that was going to be done. There has been no planning application, there was no application for a legal development certificate, there has been no application to building control for regulations approval and there was no application for a party wall agreement. 

We have had to put up with work for at least months during which time we have heard every nail and screw going in, because the sound has transmitted along the walls straight into our living and dining rooms. There has been some more less frequent work continuing at weekends since.

The local planning department claim that our neighbours did not need planning permission, because "it is their garage to do with as they please". Building control were a little more engaging and said that the change of use definitely needed regulations approval and as they were now aware of the work they were legally duty bound to go and have a look. I however have heard nothing from them, but work commitments haven't allowed me the time when they are contactable to call them.

I am struggling to understand properly what the neighbours should have done in this situation.
I am not altogether sure they didn't need planning permission, because my understanding so far is that permitted development rights for the change of use of a garage can only be used when the garage is integral to your house. Clearly their garages are not integral to their house.

I'm not sure where I stand on regulations approval. How do I as an interested party assure myself that their home office attached to my house is build to the correct standards and does not pose any additional risks to my family and property that I should be aware of.

Also I am not convinced they have dealt with the party wall properly. The party wall is only one layer of breeze block thick. So only 10cm. I don't believe this is sufficient for the wall between what is now an occupied space and my property.

So if anyone is still here after all that...

What steps should I be taking, if any?
What organisations or people should I be engaging with?

Doozergirl

You're misled if you think a garage conversion is only PD if it is attached.  Permitted development very much allows for outbuildings like home offices if they are totally ancillary to the house.  

If the planning department have looked into it and said it is PD, it is PD. 

Building regulations apply if it is over 30 square metres or if they're putting toilets in etc.   You can lean a bit more on Building Control if you like, to see what progress they've made, but this is unlikely to end with the space becoming a garage again.  

I'm not sure what you want the outcome to be.  There's lots of things you've said they haven't done, but they haven't needed to do a lot of those things.  They don't have l to tell you, let alone consult you, there's no legal need for a lawful development certificate, there's no party wall
agreement needed if they're just attaching stuff like plasterboard to it.  

In don't see what risk it poses.  It is attached to your garage and the developers had to put a firebreak in between those garages.  

You live with attached neighbours. Most houses have PD rights, we all have the freedom to apply for PP.   people can and do build, convert, transform their houses.  Such is life.  

rach_k

Surely you'd be best talking to them?  If they're using the space as a home office, it sounds like they are more 'at risk' of unwanted noise through the thin wall than you are.  Once it's done (and they're allowed to make noise doing it), they'll presumably be sitting at a computer drinking coffee, maybe taking Zoom calls, whereas you could decide to use your garage for your new woodworking space in the middle of their most important meeting of the day.

I'd pop round and ask whether they've considered that your side is still a garage space, hint that you have an interest in loud hobbies, and ask if they'd considered improving the soundproofing.  Other than that, I'm not sure what you want them to do (you can't stop them using it).  

TELLIT01

I get the impression that one of the OP's concerns is that their property may no longer be classed as detached and therefore affect the value.  There are not likely to be any noise issues as the 'connection' between the two properties is the the garage on the OP's property.

Doozergirl

TELLIT01 said:

I get the impression that one of the OP's concerns is that their property may no longer be classed as detached and therefore affect the value.  There are not likely to be any noise issues as the 'connection' between the two properties is the the garage on the OP's property.

It is was it always was.  Not detached.  I guess the marketing term would be link-detached as the house is partially detached by the garage. 

Afaik, developers are now made to make the elements they do build of any attached garage conform to the regulations for a habitable room, in full expectation that future occupants will convert them.  

TELLIT01

Doozergirl said:

TELLIT01 said:

I get the impression that one of the OP's concerns is that their property may no longer be classed as detached and therefore affect the value.  There are not likely to be any noise issues as the 'connection' between the two properties is the the garage on the OP's property.

It is was it always was.  Not detached.  I guess the marketing term would be link-detached as the house is partially detached by the garage. 

Afaik, developers are now made to make the elements they do build of any attached garage conform to the regulations for a habitable room, in full expectation that future occupants will convert them.  

Rereading the OP, it's not even link-detached as the neighbours garage isn't attached to the neighbour's property.  The garages have been converted into more usable space as an office etc.  I don't expect the council will be particularly interested in anything other than ensuring the work complies with building regs.

mrluke

With this being a new build estate, check your deeds .

My old house "2001 built" stated that the garage couldn't be used for anything other than parking.

Doozergirl

mrluke said:

With this being a new build estate, check your deeds .

My old house "2001 built" stated that the garage couldn't be used for anything other than parking.

A covenant like that can only be enforced by the transferor.  If there is a covenant to that effect, it's usually because the develop doesn't want people doing work while they're still trying to sell houses.  Beyond that point, they usually don't care. 

If it was a planning condition, the planning department would have said.  

[Deleted User]

mrluke said:

With this being a new build estate, check your deeds .

My old house "2001 built" stated that the garage couldn't be used for anything other than parking.

 I have that clause but spoke to the developer and the council who gave them the land it was only not to use as separate living space. As in beds in sheds. 

 Most of my neighbours have converted theirs to kitchens, lounges and study and nothing said about it.

kdotdotdotdot

You keep saying that their garage(s) is attached to your house, but in fact it's attached to your garage, which in turn is attached to your house.  Not really sure what you're fussing about: you've got a garage between you and any noise.   

Jeepers_Creepers

Hi Calembert.

What's the issue here? What's the worst that can happen?

You still have a garage between you and this new 'living' space/office. They are the ones taking the risk, surely - if you decide to use your garage as a workshop, they ain't going to get much work done at home. Whereas if they want to have  music playing in their office whilst they work, then you shouldn't hear it in your house.

If they were daft enough to do anything in their 'office' that did cause a genuine nuisance somehow - and I can't actually think of anything they could do (unless they turned it into a bar full of raucous drunks) - then go into your garage and fire up a hammer drill. (Only half kidding - but the point is, they are surely the ones taking the risk?).

You complained about having to live with the noise of this conversion. Tough. Folk are entitled to have work done - almost certainly you will at some point - and that creates some noise. Again, be pleased you have a garage between you both - many folk at properly semi-detached or terraced.

Do you actually have any other concerns about this that you haven't mentioned?