Council says we should knock down our transformed storage, what can we do?

During the pandemic, my dad put in a toilet and kitchen within the storage on the finish of our backyard and rented it out to a buddy of his, for a token quantity of £300 a month.

The man had been renting a room in a home close by and was evicted by his landlord firstly of the pandemic and had nowhere else to go.

My dad was simply attempting to supply somebody with a house however now the council is saying that the transformed storage is unlawful, the tenant should transfer out and that it have to be knocked down.

The home is in my identify and I’m anxious about moving into bother and being fined, however I do not need to make anybody homeless or knock down the storage. Is there something I can do? GK

MailOnline Property professional Myra Butterworth replies: Generally, it’s troublesome to get planning permission to transform a storage into a house.

Planners don’t wish to see plots subdivided into two dwellings the place one is located instantly behind the opposite.

We converse to a planning professional about whether or not you’re in breach of planning management, and even when a criminal offense has been dedicated, together with what you are able to do to assist resolve the scenario.

Martin Gaine, a chartered city planner, replies: If there’s one factor that will get planning enforcement officers all sizzling and bothered, it’s what they name ‘beds in sheds’ – individuals dwelling in transformed outbuildings.

It is a contentious concern, and a few councils have specialist enforcement groups particularly to focus on outbuildings which were rented out.

In your case, your dad was doing the tenant an excellent flip at a troublesome time and, though some transformed outbuildings are demise traps, many are properly constructed and have all mod cons. 

The finest backyard ‘lodges’ are bespoke, comfy and vitality environment friendly.

Nevertheless, the council is true that you’re in breach of planning management. 

By putting in a kitchen and loo within the outbuilding after which renting it to a 3rd occasion, your dad created an impartial, self-contained dwelling and for that he wanted planning permission.

It is extraordinarily troublesome to get planning permission for the conversion of a storage into a house.

Planners don’t wish to see plots subdivided into two dwellings the place one is located instantly behind the opposite – referred to as tandem improvement.

There are additionally strict minimal requirements for brand spanking new homes and flats, together with minimal ground areas and necessities when it comes to mild, outlook, privateness, backyard space and parking.

The ‘4 yr rule’ 

Under the so-called ‘4 yr rule’, a conversion to create a brand new dwelling turns into lawful in planning phrases after a interval of 4 years. 

However, you say that your dad put in the kitchen and loo throughout the pandemic, so presumably only a shade underneath 4 years in the past.

It subsequently appears inevitable that you’ll have to flip the outbuilding again right into a storage. I like to recommend you’re employed with the enforcement officer to work out how finest to resolve the scenario.

If the storage was transformed right into a dwelling, slightly than being constructed as a dwelling within the first place, it’s unreasonable that they’re asking you to demolish it fully. I do not see why you can’t maintain it as a storage. 

It must be sufficient that you simply reverse the illegal improvement by eradicating the tenant and dismantling the kitchen and loo.

Enforcement officers usually are not ogres – they’re there to assist. 

They reply properly to people who find themselves open and trustworthy with them. 

They favor that the scenario is resolved by settlement with out the necessity for formal enforcement motion.

They will usually offer you sufficient time to serve discover on the tenant and for them to vacate, and for tradespeople to be employed to hold out the remedial works.

It is a not a criminal offense to be in breach of planning and the system isn’t there to punish you. 

You don’t want to fret about moving into bother or being fined – an offence is just dedicated if the council serves an enforcement discover and you don’t adjust to it. 

The function of partaking the enforcement officer and discovering an agreed resolution is that an enforcement discover is averted altogether.

If the council does serve an enforcement discover, it will be important that you simply take specialist recommendation from a solicitor or planning guide with expertise of planning enforcement points. 

You could must enchantment the discover and failure to adjust to it has authorized penalties, together with the danger of prosecution.