Garage being used as a home

[Thehouseintheforest]

Hi there I have NC as think my neighbours wife is on here . I am after some advice and genuinely don't know what the best course of action is.

My neighbour applied for permission to build a separate granny 'annex'. This was refused. They then applied for a double garage with a games room above. This was granted.

The property was constructed and finished in May. Since June a family of three have been living there.
I had the opportunity to meet the woman of the family today. We walked home together from our local village shop. About a mile along a country lane. All our properties are at the end of this 'no through road' . There are five houses in total . The area is in a conservation area and sssi .

The new 'tenant' of the garage was thrilled with her new home. Apparently it is 'beautifully finished and fitted out' as a 2 bed country house. For which they pay a commercial rent. They intend to be there a long long time.
I haven't told her that the property is not meant to be residential.

AIBU to contact planning enforcement and tell them what is going on ?
Will they care ?

I know the usual suspects will pipe up with 'its none of your business ' - but surely the whole point of planning is that people abide by it. It is my business because my neighbour has unilaterally deciding that he doesn't have to take notice of planning laws and has increased the dwellings in our hamlet by 20% without permission.

Or should I just live and let live. Do the same myself and bring in a bit of extra income.? Few people ever come up here- they will probably never know ..

It seems really wrong to me, but is it. ?

Report. There are reasons these developments aren’t allowed.

We have a 2 storey annex with a shower room in it. We are expressly not allowed to knock through it into the garage or to fit any sort of kitchen.

There are all sorts of regulations with renting out a property and if this has not got the fire detectors, gas certificates etc it could be dangerous. Report.

From a safety point of view absolutely!!

Beds in sheds

This could be very dangerous for the tenants.
This sort of thing happens a lot near where I live and the tenants are usually desperate people who are being exploited. The gas, electric and water supplies are frequently unsafe, there can be a risk of CO poisoning, water contamination, fire.

Presumably the owners are now paying 2 lots of council tax? Or the tenants are paying the council tax?
What about insurance?

I would definitely report; anonymously if you are worried.

Sadly I don't think building control speak to planning. It's a VERY fancy garage/games room. I know it was all signed off by BC as neighbour told me.

They waited a month. Fitted a kitchen , I presume decorated etc.. the lady tenant says it's 'gorgeous'. A perfect little 2 bed Kitchen and Sitting Room. Basically EXACTLY what they originally applied for but were refused.
Neighbour is a Chartered surveyor so I think he knows all the tricks of the trade.

I would be reporting him to his professional body too!!!

Sounds like neighbour has deliberately flouted the rules because he thinks he can get away with it. I would definitely report it so that he is made a example of. There is a property in our village where I suspect similar has happened but it is difficult to prove as it is not wholly visible from the road (and I haven't met anyone who has moved in). But a local painter who posts photos of his finished work on Facebook put a picture on and said "finished painting this 'garage' today" so he clearly didn't think they were going to park cars in it!

I'd have no problem reporting this person to all and sundry. Wanker thinks the rules don't apply to him.

Report. If our local council can kick up a stink about a Dalek in a shed then this definitely needs something doing

I'd report them too...also if your neighbours wife is on here then I reckon she 100% would recognise this is about her!

Yes, I'd report them, and not necessarily anonymously!

That appears to be unanimous. I will report . It does seem wrong. This man is very wealthy and can't imagine he needs this extra income (and also accept that even if he did , that still wouldn't be an excuse) . I see it as pure greed... and a certain amount of 'the rules don't apply to me'

I have spoken to my brother in law who has a building business . He tells me that this is a very common situation.. and once someone has lived there for 4 years unchallenged they can apply for retrospective permission. They then sell a whole new home (built without permission) for a massive profit.
This looks like another one of those - how the rich yet richer by flouting the law.

Presumably the owners are now paying 2 lots of council tax? Or the tenants are paying the council tax?

They won’t be paying anything more if it’s consosered part of the original dwelling.

Building control will have signed it off as garage and games room. There are very different standards for a dwelling, which BC haven't seen.

As it's not authorised it won't have the correct insurance, or safety certification.

Yes, if they get away with it for more than 4 years, the Council won't be able to do anything about it.

It may be 4 years for planning , there isn't a time limit for BC if it's dangerous.

I’m another one who would absolutely report it. Cheeky fuckers who don’t think the rules apply to them.

I think the chartered surveyor probably isn't an idiot and it's likely to be legal.

He did get the permission to build the garage. It is legal to convert a garage into a habitable space under permitted development - no planning required. As far as I'm aware you can't turn it into a separate dwelling. However, it just all depends on how he has designed it internally. I would imagine he knows the rules inside out and is likely to be on he right side of them.

I think jojo is your neighbour, OP

I echo what jojoba says, there are rules but if you know then inside out you can skirt close to the edges. Also if bc signed off it won't be dangerous as many pps above have said.

I have looked into this and to be honest was there any reason why planning was not allowed. Your neighbour is probably following the rules and playing the long game.

The planning rules in this country are rubbish for owner occupiers yet developers seem to get away with absolute crap.

jojo not jojoba, stupid autocorrect.

So Jojo can I just check I understand what you are saying...

As I understand your post, a house owner can apply to build a 2 bedroom cottage in his garden . When that is refused and he makes a new application for a garage and games room. (Same size) .. he can build that - get it signed off by BC.. and within a month convert it into the original house under 'permitted development'. ?

Then all he has to do is rent it out for 4 years and then apply for a retrospective planning , separate it from the deeds of the original house and hey presto a detached 2 bed in the Home Counties green belt for sale - for the cost of a fancy garage and some plaster board ? Without the inconvenience of ever having had to get planning permission.

If that is the case surely every 'naice' detached house will be building garages all over the place without any restriction.

Quite. Report the CF. Have you checked whether the address has been registered for mail? Have a look on the Royal Mail address finder.

Definitely report, I usually think it's petty when people want to complain about building work but this is different. Planning permission was denied and like you say it's just pure greed to convert garage into a flat and rent out .

Permitted development rights are reduced in a conservation area and sometimes may be removed altogether. Could well be the case in an area with a sssi.

You should be able to go on the local council planning portal and find the decision notice that states why planning permission was refused. That would be a good start as then you will understand if the 'garage' contravenes the decision.

As far as I know, and I think you mentioned this already, a garage can't have a kitchen and bathroom so if it does then it's not a garage.

I suppose you have to ask yourself why you care? Is it an altruistic concern for the safety of the Tennant's or a bit of sour grapes? You are going to be neighbours for years right? So what will the fallout be of dobbing them in? Does the principle matter you to enough to sacrifice the peace for the rest of your time living there? I know it's not traditional on MN to think about real life consequences but I think you should in this case. Obviously if the council were to find out some other way.... Oooh, you could ask for a pre-planning decision to "do the same as at No?? and build a cottage in the garden" and see if the penny drops with the planners. Maybe helpfully referencing the original planning request?