What makes a standalone garden room "habitable" according to the council?

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flyingfolly

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We've recently encountered an issue with a neighbour where they built a large standalone "garden room". The council came out and made them make it smaller during the build process (they literally just cut the roof in half).

They completed the build to very low standards and have a person living in it now. The council came out again, investigated and said they can't do anything because it's "not habitable". Inside the garden room is a bathroom with toilet and shower and a kitchen with a "couch" which is actually the sofabed the person sleeps on.

My question is what exactly makes a property habitable? When we built a small garden room we were advised not to have a toilet in it as that would make it habitable but it seems the only single thing that makes a property habitable is just having a bed? Or am I mistaken?
 
flyingfolly said:
My question is what exactly makes a property habitable?
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This perhaps?

S.I. No. 306/1991 - Building Regulations, 1991.

The electronic Irish Statute Book (eISB) comprises the Acts of the Oireachtas (Parliament), Statutory Instruments, Legislation Directory, Constitution and a limited number of pre-1922 Acts.
www.irishstatutebook.ie
"habitable room" means a room used for living or sleeping purposes but does not include a kitchen having a floor area of less than 6.5 m2 in area;
"kitchen" means any room used primarily for the preparation or cooking of food or drink or the cleansing of utensils or appliances used in such preparation or cooking.
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ClubMan said:
This perhaps?

S.I. No. 306/1991 - Building Regulations, 1991.

The electronic Irish Statute Book (eISB) comprises the Acts of the Oireachtas (Parliament), Statutory Instruments, Legislation Directory, Constitution and a limited number of pre-1922 Acts.
www.irishstatutebook.ie
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So does that mean if a standalone building has a kitchen it's habitable? Or a kitchen doesnt make it habitable? It's not very clear
 
First of all to be habitable it must comply with all the building regulations. Then, to be used as a habitable space, a separate garden room must have planning permission.
 
Leo said:
First of all to be habitable it must comply with all the building regulations. Then, to be used as a habitable space, a separate garden room must have planning permission.
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Right. The council are arguing that its not habitable because "it doesn't have a bed". But we assumed its habitable if it has a shower, toilet and kitchen? That's my question really - is just "having a bed" the only factor in making it habitable?
 
flyingfolly said:
Right. The council are arguing that its not habitable because "it doesn't have a bed". But we assumed its habitable if it has a shower, toilet and kitchen? That's my question really - is just "having a bed" the only factor in making it habitable?
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Are they actually saying it's not in use as a habitable space or that it doesn't qualify as habitable space? Two different things.
 
Leo said:
Are they actually saying it's not in use as a habitable space or that it doesn't qualify as habitable space? Two different things.
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The building does not qualify as habitable as there is no bed. (They saw the kitchen, toilet and shower in it though)
 
No idea. It just seems bizarre. The council says its fine because there's no bed and its under the size limit of where planning is required.

They closed the case after investigating because there was nobody living in it at the time (the neighbour just waited until the council was gone and then moved a tenant into it to live on a sofa bed in the kitchen)
 
Your question seems to refer mostly to the fact that your neighbour has let the standalone garden room.


See this from Online Tradesmen regarding Garden Rooms:

“4. Perfect so! I might even it rent out!
Sorry - no. An exempted garden room is not supposed to be used as accommodation or to be lived in.

You’ll need planning permission to build a garden room to be used as self-contained accommodation or for commercial purposes. Building requirements include providing parking and separate connection to services – check with your local council for further details.”
 
Sophrosyne said:
Your question seems to refer mostly to the fact that your neighbour has let the standalone garden room.


See this from Online Tradesmen regarding Garden Rooms:

“4. Perfect so! I might even it rent out!
Sorry - no. An exempted garden room is not supposed to be used as accommodation or to be lived in.

You’ll need planning permission to build a garden room to be used as self-contained accommodation or for commercial purposes. Building requirements include providing parking and separate connection to services – check with your local council for further details.”
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My question is just specifically how can the council say "the garden room is not habitable" when it has a kitchen, toilet and shower. It just seems crazy that those 3 things don't make a garden room habitable.
 
flyingfolly said:
No idea. It just seems bizarre. The council says its fine because there's no bed and its under the size limit of where planning is required.
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They will almost certainly have done so under assurance from the homeowners that it is not in use as habitable space and so qualifies as exempted development (storage / ancillary use).

If you have evidence someone is living in it, your complaint to the LA must be specific.

flyingfolly said:
It just seems crazy that those 3 things don't make a garden room habitable.
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Thankfully it takes a lot more than that for a space to be habitable, ventilation, insulation, size and other factors come into play.
 
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As noted above the issue now is the fact that a garden room is being lived in, so thats what you need to bring to the councils attention
IFF
the fact that it is occupied is diminishing your " enjoyment" etc of your house/garden etc in some way
 
The long and the short of it is that, basically you can't put a building in your garden and house people in it without planning permission.

Electrics and water are both a problem for a start.
 
THE_Chris said:
The long and the short of it is that, basically you can't put a building in your garden and house people in it without planning permission.

Electrics and water are both a problem for a start.
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Right. But the council said no that's fine. Only way it's a problem is if the size is too large or if it had a bed. No problems otherwise. Which seems to go against everything I have ever read about it
 
Some people just seem to do what they want regardless of what the planning department in the local authority say. Try contacting planning enforcement?
 
flyingfolly said:
They closed the case after investigating because there was nobody living in it at the time (the neighbour just waited until the council was gone and then moved a tenant into it to live on a sofa bed in the kitchen)
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Isn't that your problem though?

The council is unware that it is rented as a living space.

That being so, it is no longer an exempted building. Your neighbour must seek planning permission, and so habitable or inhabitable rooms are not the main issue. Different and more extensive rules apply for rented accommodation.
 
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CPM_81 said:
Some people just seem to do what they want regardless of what the planning department in the local authority say. Try contacting planning enforcement?
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Planning enforcement said because there's no bed its not habitable, so no issue
 
I don't know what other way to put this but if the property is rented then the rules for rented accommodation apply rather than those for garden rooms.

As long as the council has no knowledge that the space is rented its hands are tied.
 
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