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Can I convert my garage into an office?

The conversion of a garage, or part of a garage, into a habitable space will normally require alterations to the windows and doors, walls, electrics and drainage. These works are subject to building control, but some elements can be certified under the competent person scheme.

timms-law.com - Can I Convert my Garage into an Office and Use it for My Business?
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Can I Convert my Garage into an Office and Use it for My Business?

Are you wanting to start a business in your garage? Well before you do, be sure to find out what permissions are needed and where you stand legally before you start renovating your property. There are various matters for you to consider if you are converting your garage into a habitable room that you want to use for your business. You will need to consider whether any permissions are required, such as planning permission for the change of use and building regulation approval for the conversion into a habitable room. You must also consider whether there are any covenants preventing a trade or business at your property.

Why do I need Planning Permission?

With regards to planning permission there are two elements. Firstly, do you need permission to convert the garage into a room and secondly whether you need planning permission to work from home. With regards to the conversion of the garage, planning permission is not usually required, providing the work is internal and they do not involve enlarging the building. However, sometimes permitted development rights have been removed from some properties and therefore you should contact your local council planning department before proceeding, particularly if you live on a new housing development, in a conservation area or in a listed building. With regards to working from home, you do not necessarily need planning permission to work from home. The key test is whether the overall character of the dwelling will change as a result of the business. If the answer to any of the following questions is ‘yes’, then permission will probably be needed:

Will your home no longer be used mainly as a private residence?

Will your business result in a marked rise in traffic or people calling?

Will your business involve any activities unusual in a residential area?

Will your business disturb your neighbours at unreasonable hours or create other forms of nuisance such as noise or smells?

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If you are in doubt you should contact your local council planning department to discuss your plans. If necessary, you can then make the appropriate application for planning permission for the conversion or apply for a Certificate of Lawful Use for the proposed activity, to confirm it is not a change of use and still the lawful use.

Why do I need Building Control Approval?

The conversion of a garage, or part of a garage, into a habitable space will normally require alterations to the windows and doors, walls, electrics and drainage. These works are subject to building control, but some elements can be certified under the competent person scheme. When using your garage for your business, if your proposed project involves work which will affect the structure of the building, the means of escape and other fire precautions, or affect the access to and use of buildings, the regulations will regard your work as a ‘material alteration’ (and therefore ‘Building Work’), so you must ensure the appropriate consents are in place. You should also check with the local fire authority, usually the County Council, to see what ‘on-going’ fire precautions legislation will apply when the building is in use.

What are Covenants and Why are they Important?

Covenants are legal promises to do or not do something and they bind property owners. They are set out in the title deeds to your property and it is quite common for covenants to be imposed preventing the property being used for business purposes or causing annoyance to your neighbours. Covenants can also prevent the garage being converted into a room. You should consider the covenants affecting your property carefully before carrying out the conversion and using the garage for business purposes. If you live in a residential area the new business may attract customers, resulting in extra traffic, deliveries and cause general nuisance to your neighbours. If a covenant is breached, action can be taken by the person with the benefit of the covenant to prevent the breach continuing i.e. to stop the business use or to reinstate the garage. If legal action is taken, it could be costly to defend and costly to comply with any court order.

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So what else should you consider?

Buildings Insurance – you will need to check that the conversion of the garage does not affect your premium as it is an additional habitable room. You should also find out whether the business use affects your policy, and whether additional public liability insurance is required. Whether the change in use will affect your ability to secure a mortgage on the property. Some lenders will only lend on purely residential property and others restrict the percentage of the property that can be used for business purposes. If you have breached any restrictive covenants or contravened the planning rules, whether this will affect your ability sell or re-mortgage the property.

How is it best to proceed?

You need to do your homework and to take the appropriate advice. This will involve speaking to the local planning and building control departments and also to a solicitor to discuss the covenants affecting your property. If you decide to proceed without the adequate approvals, it is risky as you may face having to cancel your business plans and reinstate your property. You could lose the money you have spent on the conversion and be faced with enforcement proceedings, which are likely to be time consuming and costly. For more information on garage conversion or covenants, you can get in contact with me on or at s.biskup@timms-law.com

Sheila Biskup

February 2020

timms-law.com - Can I Convert my Garage into an Office and Use it for My Business?
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