Converting a garage into a habitable room is often a highly desirable way of increasing living space particularly where the garage is an integral part of the house.
Will planning permission be required? Generally, no, so long as the garage area is not extended. However, removal of the garage doors and their replacement by brick and windows may require planning permission due to the alteration in appearance. Conversion to a habitable room will require Building Regulation consent.
However, planning permission for a property may include a planning condition confining the use of the garage to the parking of a car. In those circumstances planning permission will be required for the removal of the condition under Section 73 of the Town and Country Planning Act 1990.
Where conversion takes places without planning permission (where planning consent is required) the unlawful development will acquire immunity from enforcement where the change of use or building works have taken place either four years after substantial completion or ten years following substantial completion.
For example, where a detached garage (or an outbuilding) is converted and used as an independent dwelling not associated with or ancillary to the principal dwelling, then an enforcement notice must be served within four years of the use commencing or following the completion of the works otherwise the development will be immune from enforcement action. Where a detached garage or an integral garage is used as a habitable space associated with the domestic use of the principal dwelling house this will not constitute a material change of use and will not attract enforcement action (provided there is compliance with Building Regulations).
However, where there is a planning condition restricting the use of a garage to parking a car, the unlawful use of the garage as a habitable room can be enforced against unless the use has continued for ten years. Breach of the planning condition will not benefit from the four year rule as the change of use from a garage to the use of the space as a habitable room is not a material change of use from non-residential to residential use.
Where a conversion has acquired immunity from enforcement action it is recommended that an application should be made to the local planning authority for a Certificate of Lawful Use and Development. Once a certificate has been issued this is confirmation of the lawfulness of the use and should be stored with the title of the property.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
