In error

jaypwfd

errror in error in error 

FreeBear

jaypwfd said: What are the consequences if we just go ahead and do it without the official planning as they tell us it’s okay? The builders are no longer on site does it matter?

You need to check to see if you are subject to an Article 4 directive - This will have removed permitted development rights.

Your covenants may also restrict what you can do with the garage. Even if the developers are not on site, they could still enforce any covenants.

Flugelhorn

I live on an estate where the covenants prohibit the conversion of garages because it removes a parking space which was part of the planning permission agreement. doesn't stop people doing it though most do a simple conversion for a utility room / gym etc  and leave garage the doors in place often with no window in the room. the idea is that they can return it to a garage if needed / when they come to sell.

Section62

jaypwfd said:

...

 I have contacted the planning office for the council and they tell me that you don’t generally have to have permission....

What are the consequences if we just go ahead and do it without the official planning as they tell us it’s okay? The builders are no longer on site does it matter?

If they have given you 'general' advice rather than advice specific to your property, or the advice is only verbal, then if consent is actually required the consequence might be planning enforcement requiring you to convert it back to a car parking garage.

If it isn't in writing and specific to your property (for which most councils now charge) then there won't be any point telling planning enforcement that you were told it was Ok because it isn't formal planning consent.

The builders not being on site doesn't change the situation if there is an Article 4 Direction, or a planning condition, requiring the garage to be retained for parking a car.

Obviously, who does the Work will clearly see that the building regulations are carried out?

Unfortunately that isn't an 'obviously'.  You as the property owner are ultimately responsible for building regs compliance.  Lots of builders will tell you the work is 'exempt' or that they will deal with everything.  Often they aren't telling the truth.  You'll need to have sight of proof the builder is using a private BC company, or is doing the correct notifications to the council.

TELLIT01

Once a standard garage, ie one with a single skin brick wall has been improved to meet building regs you can end up with a very narrow room.  You may also find the ceiling height doesn't conform with building regs either.  A builder may simply accept your instructions, do the work and take the money.  It's not their problem when you come to sell and can't because building regs certification hasn't been granted.

Rdwill

I was working under the presumption of 'Permitted Development' on my extension,  but got a Certificate of Lawfullness' from my planning office, just to make sure and head off any dispute. It cost, but not much.

twopenny

Be sure this is what you want for living and not thinking it will add value for resale.

While it may not be general there have been a lot of nice properties where the garage was converted to living space that have been stuck on the market around here.

FreeBear

Section62 said:

jaypwfd said:

...

 I have contacted the planning office for the council and they tell me that you don’t generally have to have permission....

What are the consequences if we just go ahead and do it without the official planning as they tell us it’s okay? The builders are no longer on site does it matter?

If they have given you 'general' advice rather than advice specific to your property, or the advice is only verbal, then if consent is actually required the consequence might be planning enforcement requiring you to convert it back to a car parking garage.

Thanks to recent changes in legislation, councils now have up to 10 years to issue enforcement notices. The scale of fines for noncompliance has also been increased.

So doing a conversion without the relevant permissions (and Building Regs oversight), waiting for a couple of years, then applying for a certificate of lawfulness development is no longer a prudent course of action.