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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 4434
Experience:  Owner at James Bruce Solicitors
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I have built a garden room. it is within 2m of surrounding

Customer Question

I have built a garden room. it is within 2m of surrounding boundaries. In all respects it is within permitted development (floor size etc.) except for the roof height. It has a flat roof (with slope) which was meant to be no higher than 2.5m in height, but we had drainage issues and had to raise it to 2.8m at rear and 2.52m at front. My concern is that we now have a planning breach & would require planning, building control etc. I'm not sure what to do in this situation. Regards, Paul
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no, nothing at this point
JA: Where is the flat located?
Customer: it is an outbuilding in my garden (not a dwelling, just a garden room/office)
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 5 days ago.
Category: Law
Expert:  james bruce replied 5 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Customer: replied 5 days ago.
thanks James
Customer: replied 5 days ago.
I would like to continue in writing please
Expert:  james bruce replied 5 days ago.

The rules are very specific regarding the law on permitted development.

As you already know, if the structure is within 2 meters of a boundary then the total maximum height allowed is 2.5 meters. any higher for any reason would require planning permission.

Therefore, you have 3 options available.

1. Do nothing and hope no one notices or complains.

2. move the structure away from the bouncy limit.

3, speak to the local council planning department and get permission.

Customer: replied 5 days ago.
My main concern is when we come to sell the property, in say, 10 years, that a surveyor &/or solicitor will pick up on the fact that it is too high and it would become a problem at that point.
Customer: replied 5 days ago.
My reason for not being proactive now with obtaining planning, is that the build is finished and I have concerns that it may not fully comply with building regulations, so if I were to apply for planning now further work may be required in order for it to meet building regulation standards. As far as I understand Planning permission, would also involve building regulations being satisfied.
Expert:  james bruce replied 5 days ago.

It could most certainly become a problem in the future, that is why option 2 or 3 are the two best options.

I would speak to the council and see about rectrospective planning.

Customer: replied 5 days ago.
Am I correct in assuming that planning also involves satisfying building regulations?
Expert:  james bruce replied 5 days ago.

Yes, that would be correct.

Customer: replied 5 days ago.
Are there any laws that would allow one to forgo that regularistion? For example if the building has been there 4 years or more, or 10 years? I have read about applying for a certificate of lawfulness after 4 years, but I'm not certain if it's applicable to this type of situation?
Expert:  james bruce replied 5 days ago.

There is such a rule.

Do I Qualify for the 4 Year Rule?

You can apply for a Certificate of Lawfulness if you can demonstrate that:

There has been a continuous use of land or buildings (other than a dwelling) for more than 10 years

A condition or limitation on planning permission has not been complied with for more than 10 years

Building or other operations have been completed for more than four years

A building (not land) has been used as a dwelling house (house or flat) for more than four years

However, your garden room is not a part of the dwelling house, so likely to fail.

It really would be d

best to seek permission from the council.

Expert:  james bruce replied 5 days ago.

Can I assist further?

Customer: replied 5 days ago.
That's all. Very helpful thank you.
Expert:  james bruce replied 5 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.