What shall I do?

noddynoo

I have posted before re a maisonette I am buying with a room in the roof but no plans/regs.Our building society valued it as a 1 bed until they see relevant paperwork so a differene of 40k.Now the deeds have shown up.The house was converted in 1979 to a 2 bed maisonette and a 1 bed ground floor flat so has been 2 bed from the start but no planning although the length of time elapsed means it can stay put.However this does not mean it meets building regs and as there is no paperork there is no way of knowing the floor was properly strengthened etc.Also the downstairs rooms don't have fire doors and there is no door at the top of the stairs to the loft it is just open.I am assuming this means that when I come to sell the same things will arise and so I still feel the vendor should lower the price to take this into account.I will then get these works done and try to get building regs but the vendors solicitor says that as the deeds say it is a 2 bed that is what it is .What shall I do?I know I am in a good position as the vendor has to sell and i am not expecting him to drop by 40k

Doozergirl

Most older buildings don't meet current Building Regulations, especially conversions. Because of that, I don't think you have any grounds to ask your vendor to drop the price. I do think that they should pay for an Indemnity Policy for you in case Building Regs ever did come after you (which I very much doubt would happen).

If you want to take precaution, like putting in fire doors, then it's prudent of you but trying to get Building regs approval would be a bit like shooting yourself in the foot. There would be countless measures to take on board, it would cost a fortune and whilst you would have a safer, warmer house, you'd see no improvement in value.

When virtually other house is like that, there's no extra cause for concern on this one. The only way to buy a house that fully complies with Building Regs is to buy brand new.

Tahiti

I'm with doozergirl on this. The indemnity is a good idea though.

noddynoo

Virtually every other house probably isn't like that.As there are no plans or regs at the local council I think we will have the same prob when we come to sell.

Doozergirl

noddynoo wrote:

Virtually every other house probably isn't like that.As there are no plans or regs at the local council I think we will have the same prob when we come to sell.

In which case, you buy them an Indemnity Policy!

What I’m saying to you is that virtually no house conforms to current regulations – be it the type of glass in the windows, the insulation used, the angle of the staircase etc. If you tried to get Building Control to approve it you’d have to virtually rebuild the house. You’d get nothing in return for your outlay though.

Yes, there are specific concerns relating to attic rooms, but your solicitor has addressed the surveyor’s concern that it is only a 1 bed, and your purchasers’ solicitor will do the same when you come to sell.

I’ve hardly been involved in a sale or purchase where an indemnity hasn’t been suggested – it’s just a precaution. The likelihood of Building Control throwing the book at you is small.

noddynoo

I am aware that I won't have to take the room away because of how long it has been there My main concern is that as there are no plans or regs the floor might not be strong enough etc and this room will be for my 11 yr old.In order to check this out we will have to lift floors etc and as we are paying the full asking price I think this is going to cost us!This also has implications re insurance so I am hoping to get something off the price perhaps 5k to put things right from a safety point of view

Doozergirl

I appreciate that you are trying to justify your reasons for renegotiation and of course there's no duty to the vendor until you exchange.

If there were specific issues raised by your surveyor with regards to safety of the floor etc, then I would of course recommend that you get a builder in to quote and renegotiate accordingly, but the way I read it is that the surveyor has no specific concerns; you are simply missing the completion certificate. A request to knock £5k off the price in the absence of building regs is not really justifiable in my mind when the policy to cover you costs about £100, which the vendor should pay for.

There is little chance of you getting BR approval because it is not retrospective - it has to meet current regulations or nothing to get sign off. The amount it will cost you meet current regulation is unquantifiable, and you'd probably have to gut the room, but it doesn't actually mean that there was anything specifically wrong with the conversion when it was built.

noddynoo

The surveyor has raised questions re safety and has down valued accordingly.Even with the deeds stating it is a 2 bed there are doubts re fire etc and the floor and stairs.I am trying to cover myself so that I can at least put some of it right for our own sake not just selling

Doozergirl

If there are safety concerns, then they should be addressed and the price renegotiated. I'm sorry, I didn't read that in your OP Do it properly though and provide a photocopy of the relevant section of the report and ask to send someone round for a quote. The fact that the vendor hasn't fallen through the floor will certainly make them less open to bargaining. Present them with evidence and they will feel they have no choice.

BoL

noddynoo

Thanks for your advice!