Built a garage in my back garden. Do I need planning permission to sell my house

bm69

Around 4 years ago I built a garage in my back garden. Its more of a room than a garage. Fully insulated. Double doors, window, plastered, tiled all matching the house.
It it is about 3 meters high and >1 foot away from the property border. The internal floor space is 25.5 square meters.
My question is can I sell my house now or do I need retention planning permission before I sell. It meets all criteria for not needing planning permission but I think its 0.5 meters squared over the limit. Very small amount I know but are they stickelers about this kind of thing or how would they even know about it. I do not mind selling the house without the garage listed in the square footage of the house.

john.han

If it came to it the buyer would find out when their solicitor investigates title, your solicitor would be asked to show compliance or exemption from planning conditions which they wouldn't be able to do. Might not prevent a sale but would definitely complicate things.

the_syco

bm69 wrote: »

Around 4 years ago I built a garage in my back garden. Its more of a room than a garage. Fully insulated. Double doors, window, plastered, tiled all matching the house.

Is it attached to the house? Sounds like a games-room for the kids, tbh. Wonder if it could be marketed as such?

coolemon

Yes you can sell the house even if the structure does not have planning permission. The responsibility (and possible consequences) for the structure will be the new owners when sold. They will be informed and advised about it by their solicitor before the sale goes through.

Whether you can use the structure as a "feature" while advertising the property I dont know. But I doubt it. It would be like advertising a converted attic room in a 3 bed house as a 4 bed house. Cant be done without planning permission.

BryanF

http://www.irishstatutebook.ie/2001/en/si/0600.html#sched2

foggy_lad

BryanF wrote: »

http://www.irishstatutebook.ie/2001/en/si/0600.html#sched2

Scroll to "class 3" in the above link and your type of out-building is mentioned. Maximum area not to exceed 25m2 and must not be used for animals or for any type of human habitation so calling it or indeed using it as a games room are out.

fash

BTW, 25sqm is an internal dimension. Building out 1 wall by 100mm (assuming it is 5m long) will reduce floor area to 25sqm. Since floor area is at sure- the build out arguably need not be floor to ceiling.
Use it then as non domestic and all good.

TheDriver

From my amateur knowledge, you can get a cert of compliance etc from an engineer or architect that it is indeed exempt from planning. Prospective buyers might get scared away if solicitors question about planning isn't answered efficiently

if its separate, its a garage and u cant use it as sq m,in ad. Same as an attic conversion that's not to spec as a valuer cant include them when doing the mortgage valuation.

Santa Cruz

TheDriver wrote: »

From my amateur knowledge, you can get a cert of compliance etc from an engineer or architect that it is indeed exempt from planning. Prospective buyers might get scared away if solicitors question about planning isn't answered efficiently

if its separate, its a garage and u cant use it as sq m,in ad. Same as an attic conversion that's not to spec as a valuer cant include them when doing the mortgage valuation.

That is correct. If the building is within the square metre guidelines a cert of compliance should satisfy solicitors enquiries. If not you may need to apply for planning permission retrospectively.

bm69

Santa Cruz wrote: »

That is correct. If the building is within the square metre guidelines a cert of compliance should satisfy solicitors enquiries. If not you may need to apply for planning permission retrospectively.

Just measured it today. Its 24.65 square meters so im within the limit. Looks like im ok.

TheDriver

As long as it satisfies all requirements re windows, look of it etc. Get a cert of compliance. If i was buying and there was an exempt extension, i would want a cert

bm69

TheDriver wrote: »

As long as it satisfies all requirements re windows, look of it etc. Get a cert of compliance. If i was buying and there was an exempt extension, i would want a cert

How much is one and where can you get one.

foggy_lad

bm69 wrote: »

Just measured it today. Its 24.65 square meters so im within the limit. Looks like im ok.

Have you any other buildings in the garden like a shed or even a boiler house? These are also included in the 25square meters allowed.

TheDriver

Think its an engineers report, few hundred. You get a report saying its all within planning guidelines. Think you can also get planning to verify its exempt.

Mellor

foggy_lad wrote: »

Scroll to "class 3" in the above link and your type of out-building is mentioned. Maximum area not to exceed 25m2 and must not be used for animals or for any type of human habitation so calling it or indeed using it as a games room are out.

That last part about not calling it a games room is out.

6. The structure shall not be used for human habitation or for the keeping of pigs, poultry, pigeons, ponies or horses, or for any other purpose other than a purpose incidental to the enjoyment of the house as such.

Human habitation in this case means use as a bedroom.
It's been ruled in the past that games rooms and similar fall under a purpose incidental to the enjoyment of the house.

foggy_lad wrote: »

Have you any other buildings in the garden like a shed or even a boiler house? These are also included in the 25square meters allowed.

That true but only if they were also built as exempt development.
If it was built as part of the original design/permission for the house its not counted towards the 25sq.m.

TheDriver wrote: »

As long as it satisfies all requirements re windows, look of it etc. Get a cert of compliance. If i was buying and there was an exempt extension, I would want a cert

A cert of compliance certifies that it a building was build in compliance with the approved planning permission (or also building regs).
This was built without planning. So there's nothing to certify compliance with.

A report saying it is exempt from planning is meaningless in terms of planning status. Its' either exempt or its not.
To answer the OPs original question, if the garage complies with the exempt development requirements, you are free to sell as is.

TheDriver

True but a buyer will want some reassurance its exempt?

Mellor

TheDriver wrote: »

True but a buyer will want some reassurance its exempt?

The buyer is free to pay for his own professional to prepare a report if he wishes.
Olviously, if the seller is in a weak position in the market, he could fund it himself as an incentive to buyers. I'm just pointing out that he doesn't need to. It's the OPs call, not the buyer's solicitor.

JimsAlterEgo

Mellor wrote: »

The buyer is free to pay for his own professional to prepare a report if he wishes.
Olviously, if the seller is in a weak position in the market, he could fund it himself as an incentive to buyers. I'm just pointing out that he doesn't need to. It's the OPs call, not the buyer's solicitor.

if a mortage is involved, good chance the bank will insist on it