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

[flyingfolly]

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.

I'm not sure why you keep latching onto this particular point. I know that if the council is aware the space is rented then this changes the outcome. As the tenant is on a sofa bed in the garden room, its packed up every morning so if the council came they would just see a sofa in the kitchen which apparently is fine.

However, this is not something I'm asking here. My only question is "What makes a garden room habitable?" That's literally the only thing I've been asking here.

I was always under the assumption that a toilet makes a garden room habitable and thus you could not build a garden room that has a toilet without first applying for planning (this is what I was told when I looked into it years ago). Now, it appears that all of that is wrong and you can build anything you want as long as the room is under the size limits and doesn't have a bed. I was just asking if anyone had any information opposed to this regarding what makes a room habitable according to the council.

 

[Pinoy adventure]

I'm not sure why you keep latching onto this particular point. I know that if the council is aware the space is rented then this changes the outcome. As the tenant is on a sofa bed in the garden room, its packed up every morning so if the council came they would just see a sofa in the kitchen which apparently is fine.

However, this is not something I'm asking here. My only question is "What makes a garden room habitable?" That's literally the only thing I've been asking here.

I was always under the assumption that a toilet makes a garden room habitable and thus you could not build a garden room that has a toilet without first applying for planning (this is what I was told when I looked into it years ago). Now, it appears that all of that is wrong and you can build anything you want as long as the room is under the size limits and doesn't have a bed. I was just asking if anyone had any information opposed to this regarding what makes a room habitable according to the council.

Not long ago many had outdoor toilets on there property.

 

[losttheplot]

I'm not sure why you keep latching onto this particular point. I know that if the council is aware the space is rented then this changes the outcome. As the tenant is on a sofa bed in the garden room, its packed up every morning so if the council came they would just see a sofa in the kitchen which apparently is fine.

However, this is not something I'm asking here. My only question is "What makes a garden room habitable?" That's literally the only thing I've been asking here.

I was always under the assumption that a toilet makes a garden room habitable and thus you could not build a garden room that has a toilet without first applying for planning (this is what I was told when I looked into it years ago). Now, it appears that all of that is wrong and you can build anything you want as long as the room is under the size limits and doesn't have a bed. I was just asking if anyone had any information opposed to this regarding what makes a room habitable according to the council.

I think the rules for a "habitable" building only apply if someone is living or intends to live in it. If being habitable isn't it's stated purpose it doesn't matter. The council won't care if they don't think anyone is living in it and won't apply the criteria for a habitable building. I could build a shed with no electricity or water under 25 M sq without planning permission. Council would say it's fine, as the stated purpose is non-habitable. If I found someone desperate for accommodation and they live in it, then the rules for it meeting habitable standards apply.

Installing a toilet would require a connection to sewerage system, this may require planning permission whether there's someone living there or not.

"What makes a garden room habitable?" - Depends who's asking the question.
Council: Meeting whatever standards a council has determined for a habitable dwelling, these would go way beyond just having a bed and a toilet.
Property Owner: Whatever I can get rent for.
Tenant: Whatever I meets my standards.

 

[Leo]

I was always under the assumption that a toilet makes a garden room habitable and thus you could not build a garden room that has a toilet without first applying for planning (this is what I was told when I looked into it years ago). Now, it appears that all of that is wrong and you can build anything you want as long as the room is under the size limits and doesn't have a bed. I was just asking if anyone had any information opposed to this regarding what makes a room habitable according to the council.

There is nothing in the criteria for exempted development that says you can't put a toilet, sink, kitchen or many other things in a shed.

 

[flyingfolly]

There is nothing in the criteria for exempted development that says you can't put a toilet, sink, kitchen or many other things in a shed.

Thank you, exactly what I wanted to know thanks.

 

[Sophrosyne]

In the case of Class 3 exempt structures (garden rooms, sheds, etc) it seems opinions vary depending on the council. See this from Fingal County Council – one of the more readable Development Plans:

“14.10.4 Garden Rooms

Garden Rooms can provide useful ancillary accommodation such as a playroom, gym, or study/home office for use by occupants of the dwelling house. Such structures should be modest in floor area and scale, relative to the main house and remaining rear garden area. Applicants will be required to demonstrate that neither the design nor the use of the structure would detract from the residential amenities of either the main residence or of adjoining property. External finishes shall be complementary to the main house and any such structure shall not provide residential accommodation and shall not be fitted out in such a manner including by the insertion of a kitchen or toilet facilities. Such structures shall not be let or sold independently from the main dwelling.“

So the best thing is to check with the relevant council.

 

[flyingfolly]

In the case of Class 3 exempt structures (garden rooms, sheds, etc) it seems opinions vary depending on the council. See this from Fingal County Council – one of the more readable Development Plans:

“14.10.4 Garden Rooms

Garden Rooms can provide useful ancillary accommodation such as a playroom, gym, or study/home office for use by occupants of the dwelling house. Such structures should be modest in floor area and scale, relative to the main house and remaining rear garden area. Applicants will be required to demonstrate that neither the design nor the use of the structure would detract from the residential amenities of either the main residence or of adjoining property. External finishes shall be complementary to the main house and any such structure shall not provide residential accommodation and shall not be fitted out in such a manner including by the insertion of a kitchen or toilet facilities. Such structures shall not be let or sold independently from the main dwelling.“

So the best thing is to check with the relevant council.

Interesting thanks. I can't find anything for my own co.council regarding that. Do you know do all council's go by the same rules in relation to planning exemptions?

 

[Sophrosyne]

As far as I can see, they differ depending on the area. Try checking your council's development plan, or contact its planning section.

 

[Leo]

Ultimately the rules are set out by the legislation (Section 5 of the Planning Acts), however they might have differing interpretations of elements that are not explicitly called out in those acts.

 

[flyingfolly]

Ultimately the rules are set out by the legislation (Section 5 of the Planning Acts), however they might have differing interpretations of elements that are not explicitly called out in those acts.

Yea our own co.council does not specifically state what makes something habitable.

Interestingly most co. councils basically say habitable depends on the definition according to the Irish statue book ("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) but then the Fingal County Council seems to specifically call out that kitchens are not allowed in a non-habitable space. Seems to contradict it and each council doesn't have their own definition / group definition.