VCONST08240 - Zero-rating the 鈥榓pproved alteration鈥� of a 鈥榩rotected building鈥�: is the work to a 鈥榩rotected building鈥�: garages
A 鈥榩rotected building鈥� is a single building, with the single exception of a garage which can be in a separate building.
The law allows a garage to form part of a building designed to remain as or become a dwelling when it is occupied together with the dwelling and is either:
- constructed at the same time as the dwelling
or
- where the building has been substantially reconstructed, at the same time as that reconstruction.
Where a garage qualifies as part of the dwelling, it can take the form of a separate building or be part of the same building as the dwelling.
It is not necessary for the garage to have been constructed as a garage (that is as an enclosure for the storage of motor vehicles). It can also have been constructed as something different, for example a barn. Provided the enclosure is in use as a garage before the alteration (or reconstruction) and continues to be in use afterwards, and meets the remaining conditions stated above, it qualifies as part of the 鈥榩rotected building鈥�.
This interpretation of garage is supported by Grange Builders (Quainton) (VTD 18905), where it was held that:
鈥he word 鈥榞arage鈥� connotes only a building or shed for the storage of one or more motor vehicles 鈥�.There is no additional requirement that the garage must have been constructed as a garage, or that it must have been designed as a garage or have been a dedicated garage at the time of its construction. It is enough if it was built at the same time as the building designed to remain as or become a dwelling together with which it is to be occupied
VCONST08600 provides guidance on the construction of buildings within the curtilage of a protected building.