Lack of building regulations

thatrogersguy

We are quite a long way into the process of buying somewhere and have hit a real bump in the road. The vendor has no building regulations for their loft conversion which is being used as a bedroom and even has an en-suite. We have asked for a regularisation certificate to get this retrospectively and they have refused point blank saying they will have to remarket if we want that. The agent even saying that if it was marketed as a bedroom with building regs the price would need to go up!

We are in a stalemate and I think will end up not proceeding as resale will be a problem and we'd need to know all safe and above board. Would we have any recourse for fees we've spent such as valuation, searches etc if they have put a house on the market without the necessary legal requirements for work carried out. Seems extremely unfair if not.

mildred1978

thatrogersguy wrote: »

We are quite a long way into the process of buying somewhere and have hit a real bump in the road. The vendor has no building regulations for their loft conversion which is being used as a bedroom and even has an en-suite. We have asked for a regularisation certificate to get this retrospectively and they have refused point blank saying they will have to remarket if we want that. The agent even saying that if it was marketed as a bedroom with building regs the price would need to go up!

We are in a stalemate and I think will end up not proceeding as resale will be a problem and we'd need to know all safe and above board. Would we have any recourse for fees we've spent such as valuation, searches etc if they have put a house on the market without the necessary legal requirements for work carried out. Seems extremely unfair if not.

If you're in England or Wales, nope. Anything spent prior to exchange of contracts is your problem.

MissMotivation

Silly question but was that room marketed as being as "bedroom with en-suite"

Unfortunately, you would not have any recourse in this situation.

penguingirl

MissMotivation wrote: »

Silly question but was that room marketed as being as "bedroom with en-suite"

Unfortunately, you would not have any recourse in this situation.

Yep I agree with this- we looked around a couple of houses with 'storage space' in the loft but they were cearly being used as a bedroom (one also had ensuite), but because there wasn't building regs it couldn't be marketed as an extra bedroom (which would have pushed the price up as they'd have become 4 bed instead of 3 bed-ers).

I think if it was marketed as a bedroom then you are right to expect building regs, but if it wasn't then the vendor is right.

thatrogersguy

I think that the whole not marketed thing is a bit of a misnomer personally and a way agents try to get around the building regs issue and nothing else. It said "loft room with ensuite facilities" and the particulars also mentioned the walk in wardrobe, the photos of the room on rightmove show it with a bed in it. I'd also argue that if they thought it was as it should be the retrospective certification wouldn't be a problem. I'm someone who wouldn't have anything done on a property without the proper permissions and paperwork but I guess not everyone is. We've pulled out of the purchase now so begin looking again.

cotleigh

Why do you care particularly if it has building regs approval or not?

It is a usable room, this is what matters.

poppysarah

thatrogersguy wrote: »

Would we have any recourse for fees we've spent such as valuation, searches etc if they have put a house on the market without the necessary legal requirements for work carried out. Seems extremely unfair if not.

No.

But you could ring and speak to building control about it.

poppysarah

cotleigh wrote: »

Why do you care particularly if it has building regs approval or not?

It is a usable room, this is what matters.

So if the house falls down in a month because of the dodgy work involved that's ok?
If someone dies in it because they fall throuugh a floor not secured that's ok?

usable =/= safe

cotleigh

poppysarah wrote: »

So if the house falls down in a month because of the dodgy work involved that's ok?
If someone dies in it because they fall throuugh a floor not secured that's ok?

usable =/= safe

How long ago was the loft converted? If it's been ages, the house probably isn't going to suddenly fall down now.

If it was just done, then there is perhaps more to worry about.

If you have a mate who is a builder, get him to come round and view the place with you - see if he can spot anything that has been done in an unsafe way.

poppysarah

cotleigh wrote: »

If you have a mate who is a builder, get him to come round and view the place with you - see if he can spot anything that has been done in an unsafe way.

Most of the important bits need something pulling up.

Floor joists - any steel beams used, etc would need looking at - as would insulation.

A pooly insulated bouncy floored space is not worth having.

Owain_Moneysaver

thatrogersguy wrote: »

I think that the whole not marketed thing is a bit of a misnomer personally and a way agents try to get around the building regs issue and nothing else. It said "loft room with ensuite facilities" and the particulars also mentioned the walk in wardrobe, the photos of the room on rightmove show it with a bed in it.

Sounds like it was clearly described with the intention prospective buyers would believe it was a habitable room and act on that misunderstanding.

Threaten the estate agent with the Property Misdescription Act and Trading Standards.