Planning Permission, Why Do I Need It?

Firstly, you need to check whether you need planning permission to work from home and secondly, whether you need planning permission to convert your garage.

Providing the work to the garage is internal, planning permission may not be required as it falls within the category of a ‘permitted development’. However, sometimes permitted rights are excluded from properties, especially ones on new build developments or properties located in a conservation area. Therefore, planning permission would be required so you should contact your local planning department before proceeding.

Planning permission is not always required in order to work from home. Providing that no material change of use to the property occurs, planning permission will not be required. However, if any of the following apply, then planning permission will most likely be required:

  • Your home will no longer be used mainly as a private residence.
  • Business at the property will result in a rise in traffic in the area.
  • Business at the property will involve activities that may be considered unusual in a residential area.
  • Business at the property will disturb neighbours at unreasonable hours and create other forms of nuisance such as noise or smells.

If you are in any doubt, you should contact your local planning department.

Building Regulations Approval, Do I Need It?

Yes, you will need building regulations approval. A garage conversion will normally require alterations to windows, door, walls, electrics, and drainage. These works are subject to building control and will need approval.

Restrictive Covenants, What Are They And Why Are They Important?

Covenants are legal promises to engage in or refrain from a specified action at the property and they will be set out in the title deeds to your property.

It is quite common for covenants to be imposed preventing the property from being used for business purposes or causing annoyance to your neighbours. It is also common for there to be covenants preventing the conversion of a garage.

You should consider the covenants affecting your property carefully before carrying out the conversion and using the property for business purposes.

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.

If you are looking at potentially buying a property and intend to use it for business purposes, then make sure that there are no covenants preventing you from doing so.

How Can Timms Help?

If you have any further questions, please contact myself or one of the team on freephone 0800 011 6666 or via email at legal@timms-law.com.