no building regs

Chippet

Sorry, i know there are a few similar threads to this, but....

Myself and my boyfriend have an offer accepted on a house which has a loft conversion. We didn't know until the home buyers survey that the owners didn't have a building regulation certificate for it. The current owner is refusing to apply retrospectively and after speaking to the council it wouldn't pass anyway due to there not being a fire door.

The room is currently used as a 'part-time' bedroom and we would just need it for extra space. There isn't a proper staircase, just a space saving one.

The sellers solicitor has offered us indemnity insurance, which as far as i understand only protects us it the council come and tells us to revert it back to a loft? Is this correct?

As it wouldn't pass building regs, would it be enough if we got a structural survey done as proof that the house is safe and an electrical safety certificate? We aren't only having to think about us living there, but the selling potential as is our first home and will move somewhere bigger in 5 years or so.

Sorry this is so long, but we need advice, we are so confused.

t0rt0ise

I'd be concerned about the safety aspects myself. There's a reason for building regs. If the room needs a fire proof door why not fit one?

jebervic

Don't want to hijack your thread OP, im going through a simlar situation, So I would also be intersted in the opinions of others


There is a problem with this, we are currently in a similar situation, buying a house with an attic conversion, however, they advertised as a 3 bedroom house with an attic room, the room has no building regs, but they claim its ok as they never advertised it as a four bedroomed house, they agreed to reduce by 2k but I have my doubts, they put it on the property information form that they didn't know when the conversion took place, which is strange because they knew exactly what year the boiler was installed and when windows were put in, I am worried about who put the electrics in?, also my solicitor said that if it was over four years ago then they can't make us put it back to its previous state.

Jenniefour

What you are buying is a house with an attic - that the current owners have altered somewhat. But still an attic. So the number of bedrooms on the estate agent details should not include the attic space. This is no big deal - you just need to decide whether to use the attic room as storage i.e. as an ordinary attic, or do you want to convert it into an extra bedroom - in which case simply follow normal route of finding out what you need in terms of building regs. And, if you want to convert it properly to a bedroom you may, if you are extremely lucky, find that at least a little bit of the work needed has already been done. I would be inclined to fit a fire door anyway - for safety reasons.

Chippet

Could anyone give me any more opinions on the OP please

Shimrod

Chippet wrote: »

Could anyone give me any more opinions on the OP please

I don't think there is much more to say that Jenniefour's post. The indemnity insurance can be for all sorts of reasons including planning permission (your example) or retrospective work to meet building regulations. You need to find out exactly what they are offering to cover. Did you survey say anything about whether the joists in the converted space were adequate - sometimes on loft conversions they need replacing or strengthening to meet building regs?

Chippet

Shimrod wrote: »

Did you survey say anything about whether the joists in the converted space were adequate - sometimes on loft conversions they need replacing or strengthening to meet building regs?

Our home buyers survey didn't, but then, not sure if it would? Which is why we're considering a structural survey.

Ithink we should pull out, but its the thought of having to start again

cabbage

You will have the same problems selling the property. I would insist that the seller pay for the indemnity insurance and check the policy wording to see what it covers. If they won't pay the cost of the indemnity then this should be like a red flag to you. Offer to go halves. Whoever buys the property will have the same problems so its in their interest to sort it.

Catatonia

I've been put off a few houses like this mainly because of the worry that I don't know how the building regs haven't been met. If it's just a fire door, that's easy to sort, but if it's strengthening the joists then I don't know if that would mean ripping it all out and starting again. Is there any way you can find out exactly how it fails building regs?

jebervic

you only need it for extra space, so whats the problem?, indemnity insures against having to put it back, however, if its been there for 4 years they can't make you, so when you sell in 5 years there won't be a problem

herbily

Catatonia wrote: »

I've been put off a few houses like this mainly because of the worry that I don't know how the building regs haven't been met. If it's just a fire door, that's easy to sort, but if it's strengthening the joists then I don't know if that would mean ripping it all out and starting again. Is there any way you can find out exactly how it fails building regs?

The council's Building Control department can come out and tell you exactly, but it will cost you - the prices should be on the website of your local council, or ring them up and ask them. One of their surveyors will then come out and inspect, and tell you what would need doing to comply.