Garage convertion into a dwelling/aditional room HELP please

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    Garage convertion into a dwelling/aditional room HELP please

    Sorry for the long post, I will try to explain as much as I can, and will appreciate any help.

    Recently we bought a detached 3 bed house(2 bed + a box room) with double garage in back garden, we rent the house and decide to convert the garage into a studio flat with separate gas, el and water meter, we was told by architect and building regulation company, that we can do it and there would not be a problem .
    Everything was fine by the time, when our neighborhood make complain, that people living in the garage and use side entrance of the house.
    We have a visit from planning department and he told us we need to remove oven, hood and hob and make a shared kitchen in main house and call him back to visit.(this is only if we rent out, if we living there it can stay as it is)

    SO WE DID remove the kitchen and make an additional space in existing kitchen add more sockets oven and etc.

    When he come for second visit he start to twist; that tenants would not really need to go to the kitchen and cook there, they can have a take a way or microwave food and do not attend the kitchen, they do have a fridge and sink in the garage as well (can I told someone what to eat and how to cook?) and "somehow" he point out that we have a separate gas el and water meter which in his opinion make the garage separate from main house ( we did not hide from him all meters are in front of the garage).
    Now building regulate officer told us to have a legal advice, about how we can rent the garage as an additional room to main house? As from his view they do not need to use the kitchen, and told us we need to apply for Lawful developing certificate to proof him it is additional room not a studio flat.

    Meanwhile, I arrange a visit form health and safety department officer and she is happy with what we done for tenants and from her view they are enough space for 2 adults and 2 kids living in main house and 2 adults (couple) living in garage, all of them are safe from her view and having additional sink and fridge in garage it is not a problem. just to add on our contract that they are not allow to have a mobile oven and hob and they need to use the shared kitchen.

    My questions are:
    How can I proof to planning department, that my garage is an additional room to main house?
    Does applying for LDC will be accepted and do we have a right to apply for it?
    Or we need to apply for HMO in this case?
    And can my tenants live there by the time we have this discussion with the council? Is it illegal to have them rented our garage?

    Any answer will be help for us, as we do not really know what to do any more to satisfied planning department.
    Kind Regards

    Creating a second dwelling needs full planning permission and that should have been your starting point so the fact that the planning department is not happy is no surprise. Your architect should have advised you to apply for planning permission first and building regs approval is just conforming to the quality and safety standards of what you have done and is not planning approval.

    I would suggest you talk to a planning consultant to see what you might be able to achieve but it is likely that as you have upset the local planners they may be difficult to convince of your plans.


      Thank you Tipper for your fast replay.

      All night was thinking of this, honestly we did not upset the planers. He try to help us giving some advises. Of course he protect his job, he told us applying for PP there are not chance to achieve anything, but what he said if we rent all property to a big family or if we live there , would not be a problem of using the garage as it is.
      Also the health and safety officer suggest us to apply for C4- HMO.

      We do not have any experience, what I understand of reading this forum and planing portal, applying for change of use can only be done by Planing permission.
      Is this correct?


        You have contravened Planning Law - it's not just the Planning Officer trying to make work for himself. You could be forced to restore the building to its former state - a double garage.

        You should have got planning approval, and by the sound of it approval will not now be granted. A certificate of lawful development sounds unlikely.

        When did you carry out the building work?

        It appears that at the moment you have tenants living in an illegal converted garage. Is that true?

        [*If so, you need to answer all the questions on this link * ]

        Who lives in the main house?

        Do the people living in the ex-garage now share any facilities with the people in the main house, such as bathroom or kitchen?

        This is such a mess, that the best thing you could do, as suggested, is to go to see a planning consultant.

        You may also need to see a solicitor about the tenants. That depends to some extent on your answers to the questions above * *


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