illegal loft extension

sdm038

hi guys

would really appreciate any advice regarding this matter

ive found a 1st floor flat with a great loft extension, full mansard, although im pretty sure it doesnt have planning permission, but the owner says its been there for 9 years without any complaints

my biggest worry is that the loft wasnt done properly, ie no steel in the floor - is there anyway I can tell if the floor has been strengthened without having to get a survey done?

also, what are the legal implications of buying something like this

cheers

steve

Southend1

Does the loft even officially belong to the flat? There was a post on here some time ago where a guy had bought a flat with a loft extension and he was having all sorts of legal problems because the loft didn't belong to the flat.

Yorkie1

If there was no building regs certification then the only sure way to find out whether they cut corners is probably to expose the beams etc - and you will need a structural surveyor. Also to check the fire escape issues and insulation.

Structural changes like this usually require freeholder permission too.

James_N

If you don't get proper certification:

1. Don't expect to be able to sell it later
2. Don't expect it to be insurable.
3. Don't expect it to be safe (fire)
4. Don't dream of having a tenant or lodger.

breadlinebetty

sdm038 wrote: »

hi guys

would really appreciate any advice regarding this matter

ive found a 1st floor flat with a great loft extension, full mansard, although im pretty sure it doesnt have planning permission, but the owner says its been there for 9 years without any complaints

my biggest worry is that the loft wasnt done properly, ie no steel in the floor - is there anyway I can tell if the floor has been strengthened without having to get a survey done?

also, what are the legal implications of buying something like this

cheers

steve

I can't remember how long the period is, but if a loft etc has been in situ for over a certain amount of years, then you don't need to worry - the loft is perfectly legal. But you'd have to contact the local council to find out how many years it is......

I think it's more than nine years...

The seller can apply for retrospective building regs, costs a few hundred pounds. Providing the loft is safe and built to required standards, then they'll get the certification easily.

It isn't always necessary to have steel RSB's (think that's what they're called...) to support the loft floor, it can be strengthened by other means.

Fire escape window is imperitive (though doesn't apply to lofts built more than ??? years ago - again check with council) and MUST be fitted to the front of the property so fire brigade can get access to loft window in event of having to rescue someone.

If the loft doesn't have a door it's not classed as a room, and you don't need planning regs for that.

All you need do is contact the council to see if it already had building regs and if it doesn't - and you really like the place - you need to get a surveyor (look on the Royal Institution of Chartered Surveyors) to come and inspect it. It will cost a few hundred pounds, but the seller wil have to foot that bill, and if he gives it the OK then you're home and dry!

zzzLazyDaisy

As others have said, the first thing to do is to check the lease, because very often it will specifically state that the property being purchased is the space bounded by the interior of the walls and ceiling (or something along those lines). In other words, the loft space often does not belong to the flat.

deedee71

I'm in Scotland so this might not be comparable.....

I bought a flat with a loft extension but had to wait patiently for 6 months while the previous owners had the title deeds changed for all the other flats and businesses in the tenement.

This was only in respect of the velux windows not the actual loft space. The title deeds had to reflect the fact that the part of the roof where the windows were would be the sole responsibility of my flat.

One of the downstairs buy to let landlords made a tidy sum, though the rest of the owners didn't need bribed lol. So, the sellers not only had to pay him a lot of money, they had to pay for 5 sets of title deeds to be amended.

I eventually had to move in as a tenant as I just couldn't stay where I was any longer, and the sellers had to take out a bridging loan or risk losing their retirement property in France. Nightmare.

sdm038

Thanks for all the replies

Im not entirely sure if the loft is demised to the flat. Until I actually get a solicitor on board its not really possible to say. It doesn't help that the current owner doesn't speak very good english!

I think if its been there for over 4 years and has had no complaints, then as long as you can prove it to the council, it can be deemed legal, but I would have thought this was something the current owner should do, not the buyer, especially since he says he has been there for 9 years. Proving its been there for 4 years might be more difficult than it seems.

It doesn't have building regs either, I know that for sure since I called building control. It worries me that not only does it not have planning permission, but it might not be safe either!

Back to the drawing board!