Converting a garage to residential use: can we adapt our outbuildings to make extra room for when friends and family come to stay?

We'd like to convert our garage and outbuildings into extra accommodation for our family. How do we ensure we do this legally?
Shutterstock / Alena Ozerova
Fiona McNulty21 May 2019

Question: Our large walled garden contains a double garage with a high roof and adjacent outbuildings.

We’d like to convert the garage roof space and the outbuildings into a bedroom, bathroom and maybe a TV room for our grandchildren to use when they visit. What do we need to do to ensure that it’s legal?

Answer: Check your title deeds to see if there are any restrictive covenants that could prevent the garage and the outbuildings being used for residential accommodation.

A restrictive covenant regulates what a landowner can and cannot do with their land.

The wording of restrictive covenants, especially older covenants, can sometimes be confusing. If you are unsure about the meaning of any covenants you find, seek legal advice, as you do not want to breach them.

Restrictive covenants may, however, be unenforceable. And in some cases it is possible to remove or modify them. Again seek legal advice on this point, as this is a complex area of the law.

Another option is indemnity insurance to cover a possible breach of covenant.

Planning permission, building regulations consent and listed building consent could all be needed.

Consult a surveyor or architect to establish if applications for these are likely to succeed.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

If you have a question for Fiona McNulty, please emaillegalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, Evening Standard, 2 Derry Street, W8 5EE. Questions cannot be answered individually, but we will try to feature them here. Fiona McNulty is a solicitor specialising in residential property.