My neighbour is turning their garage into a music studio and claims they don't need planning permission: Is this true?

My neighbour is turning their garage into a music studio and claims they don't need planning permission: Is this true?

My neighbour recently had builders over to look at turning their detached garage into a music studio. They regularly teach music lessons, the husband drums and the wife sings. I’m worried about the noise.They say they don’t need planning permission, is this true? A.M. Noise niggle: This reader is worried their neighbours' new music studio will disturb themSophie Warburton, of This is Money, replied: Garage conversions rarely need planning permission, but your neighbours could check with the local authority to be safe.Usually, if the work done is on the inside and it doesn’t affect the size of the building, it will fall under what is known as permitted development.This is effectively an exemption from the need to apply for planning permission, which covers several common types of building work. However, there are other important factors your neighbours must consider when turning a garage into a habitable room - and if the noise does bother you, there are things you can do about it. I contacted two experts to ask their advice. Alex Peters, expert at Checkatrade says: In most cases, your neighbour is right – you don't need planning permission to convert a garage into a room like a music studio, as long as the work stays within permitted development. However, what won't be optional here is building regulations approval. Expert Alex Peters says the neighbours must get building regulations sign-off. Turning any garage into a habitable room – whatever it's used for – requires building regulations sign-off, covering things like insulation, fire safety, electrics and ventilation. You can apply for this through your local council or a private approver and may need to pay a fee. When it comes to noise, if the garage is being soundproofed as part of the conversion that will help, but ongoing noise from drumming, singing or teaching would fall under general nuisance law. If it becomes a persistent problem, the local council's environmental health team can advise on whether it counts as a statutory nuisance, separately from any planning question. A friendly conversation direct with your neighbour about times of day and soundproofing may be the quickest fix before things escalate.Ian C. Walmsley founder of planning consulant, Planning Geek says: Turning a garage into a music studio and using it to teach paying pupils are two slightly different planning questions.Simply converting a garage does not automatically require planning permission. If the work is mainly internal and the garage remains part of the home, planning permission will often not be needed.Using it as a private music room is also unlikely, by itself, to require planning permission. There is nothing in planning law which says you need permission simply because you play the drums, sing or practise another instrument at home.The position becomes more interesting when the garage is also being used for regular music lessons. Ian C. Walmsley says the home's status as a potential business premises must be consideredYou are allowed to work from home without automatically needing planning permission. Even being paid and having customers visit does not, on its own, mean there has been a change of use.The key question is whether the business has become significant enough to change the character of the property from an ordinary home.Councils will look at things such as how many pupils are arriving, how regularly lessons take place, the hours involved, additional cars and parking, and – particularly relevant here – the amount of noise and disturbance caused to neighbours.So one piano lesson after school a couple of times a week is quite different from a succession of pupils arriving throughout the day while drums and amplified music can regularly be heard next door.There isn't a magic number of lessons at which planning permission suddenly becomes necessary. It is what planners call a matter of 'fact and degree'.The homeowners should also check the planning history of the house. Particularly on newer housing estates, an original planning permission can contain a condition requiring a garage to remain available for parking, or removing some permitted development rights. If such a condition exists, the normal assumption that a garage can simply be converted may be wrong.Listed buildings require particular care, and other restrictions can also apply.Does it make a difference if the garage is detached? Ian C. Walmsley says: Potentially. An attached garage normally forms part of the house itself. Internal conversion works will frequently not require planning permission, while external alterations may be covered by the normal permitted development rights for altering a house.A detached garage is an outbuilding. Permitted development rights for building or altering detached outbuildings are different and are intended for purposes which are incidental to the enjoyment of the house – things such as domestic garages, workshops, gyms and hobby rooms.A private recording or music room can quite comfortably fall within that territory. A building being fitted out specifically to accommodate a substantial music-teaching business is more difficult.That does not mean that putting a desk, drum kit or piano in a detached garage automatically requires permission. The council still has to consider the reality of what is happening at the property.What about the noise? Ian C. Walmsley says: This is perhaps the most important point for the worried neighbour.If drumming, amplified music or repeated lessons cause unreasonable and substantial interference with a neighbour's enjoyment of their home, the council's environmental health team can investigate it as a potential statutory nuisance.That remains possible even where the music studio itself is completely lawful in planning terms.If the problem ultimately turns out to be the volume of the drums rather than the use of the garage, environmental health may prove considerably more useful than the planning department.The simplest rule of thumb is this: having a hobby or working from home does not normally require planning permission. Turning your home into somewhere that starts behaving noticeably like business premises might.SAVE MONEY, MAKE MONEYUp to £250 cashbackUp to £250 cashback2.5% cashback when investing at least £2004.61% cash Isa4.61% cash IsaTrading 212: 1.01% fixed 12-month bonus£3,000 cashback£3,000 cashback£100-£3,000 cashback when opening SippUp to £150 cashbackUp to £150 cashbackOpen a savings account with at least £5,000Welcome bonusWelcome bonusGet up to £200 when you invest £100Affiliate links: If you take out a product This is Money may earn a commission. These deals are chosen by our editorial team, as we think they are worth highlighting. This does not affect our editorial independence. Terms and conditions apply on all offers.

Original Source

Read the full article at Dailymail →

KhanList aggregates and links to publicly available news content. We do not host full articles from third-party sources. Always verify important information with original sources.