Legal requirements for a garage conversion in Scotland

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Legal requirements for a garage conversion in Scotland

Post by davidfsound@gmail.com »

Hi everyone,

I'm in the process of converting my detached garage to a studio. The garage is at the bottom of my garden, approx 30m from my house, next to a busy road in Angus, Scotland.

I'm currently unsure about what I need to do from a legal stand point. I have some friends and family who have worked in building standards/are architects, and they are unsure about whether or not this would class as ancilliary accommodation or incidental.

I'm hoping that as the studio will in no way be habitable (no plumbing/toilet, kitchen, bedroom etc.) then it'll simply class as incidental and just require a building permit, but they are unsure as it'll be heated with an HVAC system that it might be classed as ancilliary, and then require planning permission, other thermal standards to be met etc. etc. etc.

The exterior dimensions are 623 x 623 x 467cm. I'll be constructing a new wall to replace the wooden garage door, and blocking off two windows.

My plans are to construct a room within a room using standard stud wall/rockwool/double plasterboard construction, with the roof being suspended from the joists using ProSound Reducto Clips

https://soundproofingstore.uk/product/p ... -ceilings/

I'll then create more open cell stud walls with rock wool insulation, offset at angles based on plans from the John Sayers forum.

Does anyone have any previous experience with this? I'm unsure about any differences between Scotland and rUK, or even if there are differences between localities.

Thanks.
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Re: Legal requirements for a garage conversion in Scotland

Post by James Perrett »

In England you don't require anything if the building is less than 30m sq in area and not habitable (plus a few other minor caveats). To be honest, since the building already exists, it must have had planning permission and I wouldn't have thought you would need any further permissions just to change the internal layout if the new building still isn't classed as habitable. However, I have no idea of the law in Scotland.
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Re: Legal requirements for a garage conversion in Scotland

Post by The Red Bladder »

If the garage is not habitable (bathroom, lavatory, bed) then no planning permission is required.

If in doubt, call the council and ask the planning office!
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Re: Legal requirements for a garage conversion in Scotland

Post by Mike Stranks »

... and just to be clear... Red Bladder (see above) is in Scotland and knows about such matters...

:)
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Re: Legal requirements for a garage conversion in Scotland

Post by RichardT »

There is a huge amount of case law around incidental vs ancillary usage (at least in England) so I think the only safe option is to discuss this with your local planning department.
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Re: Legal requirements for a garage conversion in Scotland

Post by Wonks »

As has been said, it probably doesn't need it as it's not being made into a separate habitable dwelling, and could almost be classed as a 'workshop', but it never hurts to ask.

https://www.mygov.scot/planning-permission
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Re: Legal requirements for a garage conversion in Scotland

Post by Drew Stephenson »

My local council does a thing where for about £15 you can send in your design and they'll tell you if it needs planning permission or building regs. Worth checking if your council does something similar?

My current studio didn't (by any reading of the law) but I got the bit of paper anyway as a bit of back covering.
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Re: Legal requirements for a garage conversion in Scotland

Post by davidfsound@gmail.com »

Thanks everyone. Yeah that's pretty much my plan of attck, I just wanted to do as much research as possible before contacting the council.
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Re: Legal requirements for a garage conversion in Scotland

Post by wireman »

Not sure if it helps with change of use but I have found an older version of this document useful in the past (PDF download on page): https://www.gov.scot/publications/house ... 1/pages/2/
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Re: Legal requirements for a garage conversion in Scotland

Post by The Red Bladder »

Mike Stranks wrote: Wed Jan 25, 2023 3:06 pm ... and just to be clear... Red Bladder (see above) is in Scotland and knows about such matters...

Thanks!
Wonks wrote: Wed Jan 25, 2023 3:19 pmbut it never hurts to ask.

Sometimes, asking too many questions can come back to bite you!

But if the noise can be heard outside and is a possible neighbourhood nuisance, that will bite you far harder! Most garages are fairly flimsy affairs and only really solid brick walls really stop the sound of a drum kit.
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