Legal Q&A: can I convert a garage into a rental flat?

I'm looking to invest in a garage and convert it into a bedsit or small flat for rent - will I be allowed?
Merrily Harpur
Fiona McNulty5 July 2016

Question: I have a cunning plan — I think. I would like to buy a garage and turn it into a little flat or a bedsit to rent out. I would do most of the work myself, which is why I want it to be small scale. But will I be allowed?

Answer: It is possible but not straightforward. First things first: check the title to the premises carefully to ensure there are no covenants blocking it from being used as anything other than a garage.

If it currently forms part of a larger property — for example, if it is ancillary to a house — it is important to ensure that the garage may be sold off separately, as there could be a covenant prohibiting this.

If the title to the garage is leasehold, then the consent of the freeholder is likely to be required for the conversion of the property into residential accommodation. When applying for such consent, it is usual for the leaseholder to meet the freeholder’s associated legal and surveyor’s fees, so that is another cost to be taken into consideration.

Assuming that you have checked everything else, converting the garage into residential accommodation will be considered a material change of use, which means you will have to get planning permission and building regulations consent. If the garage is a listed building, you should also obtain listed building consent.

You might get lucky and find a garage for sale that already has planning permission to convert it into residential accommodation, but don’t forget that the price is likely to be much higher than if no such consent has been granted.

What’s your problem?

If you have a question for Fiona McNulty, please email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, London Evening Standard, 2 Derry Street, W8 5EE.

We regret that questions cannot be answered individually, but we will try to feature them here. Fiona McNulty is a legal director in the private wealth group of Foot Anstey.

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