Does a converted outbuilding need an EPC, planning permission etc?

no_moolah

Hello all,

I started another thread similar to this, but made the mistake of covering too many issues in one post. In a nutshell, a family member who considers me a wise elder is having a rough time renting a studio/attic in a converted, detached garage from a resident landlord. There is some confusion as to whether they are a lodger or a tenant with an AST, but I'm asking here about planning and building regs - the safety issues. I'm trying to find out as much as I can so they can negotiate with the LL to move out early. Any tips here would be gratefully received.

Planning permission

The building has approval as a ground floor garage, not accomodation. So additional floor space has been added (the first floor), windows have been added as well. A nearby development was granted planning permission for a similar building but for family members only. I'm guessing that retrospective permission for this dwelling would be refused. Am I right in thinking LL would have to dismantle the parts that make it a living area, such as sinks, toilets?

Building regs

From the photos I've seen, the place looks good but is not well insulated, being primarily a wooden structure. I've been told that there are gaps in the walls which let in draughts during winter. Wouldn't say it was suitable for long term use.

The electrics don't seem to be in order, some sockets in questionable places (too low for moulded plugs, for example). Is this a building regs concern?

A number of plumbing issues, including one where the P trap was missing from an appliance. Have been told LL installed the system, don't think they're a plumber. Also, ongoing foul drianage issues.

Am I right in thinking building regs should have picked these things up? My suspicion is that nobody from the council signed it off, which would explain the above anomalies.

Fire safety - this is above a garage where cars are stored among flammables such as petrol etc. Is this usually permitted? As I mentioned its mostly a wooden structure on a single skin brick garage. I'd imagine smoke detectors would have to be on both floors but don't think this is the case.

Thank you in advance.

user1977

Others may comment more thoroughly on the specific points, but what sort of timescales are you talking about in terms of moving out early? Because even if, say, the planners might want to take enforcement action, I suspect that won't have actually happened by the time your friend has moved out anyway.

Woolsery

By law, any rental property must now reach at least an E on its EPC and it sounds unlikely your friend's garage conversion would. However, that law might not apply if their occupancy has been longer term. Did your friend get a copy of the EPC? I doubt it, but again, regarding relevance, it depends if they're a tenant or a lodger and when the tenancy began.

Bendy_House

I think the best thing your friend (or perhaps you) can do is contact CAB - they will have heard numerous such cases of sub-standard accommodation.

I fear that this is unlikely to conform in a number of ways, including safety. Worse, I cannot see how this building can even be INSURED as a habitable room. What on earth would happen if the place went up in flames - even if your friend escaped?

Do we understand that your friend WANTS to leave, but is concerned about a financial penalty? 

gwynlas

It does not sound suitable for residential use. We converted a garage and building control were very specific about levels of insulation etc prior to sigm off.

in_my_wellies

Not doing the repairs is very short sighted of the landlord.

For the sake of getting everything fixed properly, possibly not that expensive, they are opening themselves up to all sorts of investigations which could result in them not being able to let the property, fines, taxes, etc. I would have thought in their situation they would be keen to keep the tenant/lodger happy - keep his/her head down

Bendy_House

No-moolah, CAB should be able to ascertain what type of tenancy (if any...) your friend has, with just a few questions. 

They should also be able to guide your friend on how to move out and ensure they are not going to lose out financially. Depending on the type of 'tenancy', this could be as simple as 'just move out..', to giving the required notice, or even zero notice due to risk. 

I suspect the latter would be done with the help of your local council, so anticipate sparks when they check out this place.

I suspect the LL hasn't a hope in hell of trying anything on, as they'll be up to their eyes in poo. If, for example, they've taken a deposit that your friend is concerned they won't get back, then they shouldn't worry since the dep SHOULD be protected, or - if it isn't - it'll be yet another pile of bricks that the LL will find coming down on them.

CAB, or the LA's housing dept, or both.

no_moolah

Thank you all, really helpful and appreciate your time. I'll try and answer the various questions in one post, if I can.

It's a 12 month 'tenancy', with 4 months to go, so the aim was to move out in 1-2 months. I think the rent has been paid for this month so the tenant would pay for the month after that and then leave 2 months early. They are concerned about the financial penalty, but some of the comments here suggest there might be potential to negotiate any outstanding rent.

No EPC provided, although I believe (and would have to double check) that the EPC for the main house was included in the original advert for the garage room when it was listed on the university website for approved accomodation (!)

Agree re: insurance. Unsure on what the LL has but don't think the tenant would have much luck as the windows are apparently rooflights that have no internal locks, can be easily opened and are accessible from one side due to the ground being higher.

Also the deposit was not protected, and tenant has a Shelter transcript that says it is most likely an AST, so that is helpful.

Thanks again everyone, I'll suggest the CAB and ponder some of the issues here re: building regs, safety, planning etc.

ProDave

I take it you are asking the planning and building regs questions so if the landlord does not agree to early termination you will notify the council of the lack of planning and building control?  (I can think of no other reason why you are so interested)

How long before the conversion was done?  It is entirely possible it is long enough that no enforcement action can be taken.

no_moolah

ProDave said:

I take it you are asking the planning and building regs questions so if the landlord does not agree to early termination you will notify the council of the lack of planning and building control?  (I can think of no other reason why you are so interested)

How long before the conversion was done?  It is entirely possible it is long enough that no enforcement action can be taken.

That would be my approach but I believe the tenant is more interested in offering it as a solution that benefits both parties i.e. landlord will have time to apply for planning, get repairs done by a professional, get the right certificates etc during those two months, and tenant can move out without the landlord having to rush through all the things they should have been doing.

Not sure when the conversion happened but the original building was over ten years ago so you are probably right.

dimbo61

So is the garage a separate building from the main house ?
Does the tenants have a copy of the EPC ?
Does the tenant have a copy of the EICR ? Electric meter ? Gas meter ?
Gas boiler ? Gas hob ? Gas fire ? 
Gas Safe Certificate ?
What about the appliances ? PAT tested ? 
Finally contact the University Accomodation Office for Help as they can and will inspect the garage if it's an approved University rental.
Fire safety ? Fire blanket, Smoke and CO alarm ( if gas in garage ) 
Turnlocks on exit doors and fire doors/ fire escape route if cars in garage.
Environmental health and Council HMO team for help and advice.
Beds in sheds come to mind