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Loft conversion

As people were so helpful on my first post regarding our house survey, I am back with another question.
The property that we are in the process of buying has a single storey side extension on the house which is used as a kitchen. After much investigation (my 1st post references our rubbish solicitors) we found the planning permission for this (1998) & the certificate of the completion of works (2000).

The roof space was used as storage and then in 2005 the current owners converted this into a room - there is a velux window etc and on all the EAs particulars it states that this is a 3 bed house (the conversion being the 3rd bedroom).

We have asked for all the planning & building regulations for the loft conversion to call it a 3rd bedroom but the seller has advised that they asked and did not need planning permission & in answer to the building regs question just wrote a long email as to what they did to convert the loft.

They have now said that they will get indemnity insurance for us but have not provided a copy of this.

Do people think an indemnity cover would be enough for the loft conversion? The room is 10 x 10 but because of the roof pitch it feels quite small - we would hopefully look to extend or something in the future.

Comments

  • RAS
    RAS Posts: 36,146 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Building regs is more important.
    If you've have not made a mistake, you've made nothing
  • JimmyTheWig
    JimmyTheWig Posts: 12,199 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Has it got a fixed staircase?
    If not then it can't be used as a bedroom and should not have been described as a bedroom by the estate agents.
    If it has got a fixed staircase, was this put in as part of the work by the previous people?

    From the size of it it sounds like permitted development and so wouldn't have needed planning permission.

    But it would need building regs.
    Yes, you can get an indemnity against this. This means that if the council or anyone causes trouble for you for breaking the rules and not having building regs then you won't be liable. Fair enough.
    But you need to consider why they didn't get building regs. It's not a difficult or expensive process, assuming you follow the right rules.
    So my concern would be if they've done the job on the cheap and didn't get building regs because it wouldn't have passed. Is this something that you want to risk?
  • RachieB9
    RachieB9 Posts: 8 Forumite
    edited 22 June 2012 at 11:02AM
    There is no fixed stairs just a single step up to the small doorway. But I am confused as it is off the main staircase & so has no need for a staircase.

    I am concerned as like you say why didn't they get building reg certificates & also because we would like to open up the room in the future.

    The seller is pushing us a bit as he excepted a quick sale as we are 1st time buyers, but we are pushing back as from the above it sounds like it should only have been sold as a 2 bed house!

    Would you push for the indemnity or is it better to get them to pay for someone to come over & check the conversion retrospectively?
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Could u phone up your local Building Regs department and found out how they apply to a later extension like this.., then u might be clearer if u have something to worry about. I'd make getting proof of the indemnity insurance a condition of exchange/sale. If the house is a bargain.., there may be a reason.., and u might be better off walking away if they are trying to pressure u into rushing the house buying process. If there are no special reasons for rushing the sale of this house (something unique about the house that makes u want to buy it).., again, walk away.
  • hazyjo
    hazyjo Posts: 15,475 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 22 June 2012 at 11:30AM
    So you can only access it from within the house, not from the kitchen (as a loft conversion to the kitchen)? Obviously it was built with a pitched roof then, not a flat roof? Or did they change the roof to allow for storage/conversion?

    I'd be worried about whether any flooring was strengthened. You can't just use a roof space as a room. If the head height isn't adequate, and the joists/floor were never strengthened, it cannot be used or described as an additional room - merely as 'handy boarded loft space' or words to that effect.

    What are they saying they've done to make it a useable room?

    Jx
    2024 wins: *must start comping again!*
  • RAS
    RAS Posts: 36,146 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    RachieB9 wrote: »
    There is no fixed stairs just a single step up to the small doorway. But I am confused as it is off the main staircase & so has no need for a staircase. ?

    So they have broken through the exterior wall of the main house to access the loft over the kitchen? What sort of joist is in place over the opening?
    RachieB9 wrote: »
    I am concerned as like you say why didn't they get building reg certificates & also because we would like to open up the room in the future.

    What do you mean open it up?
    RachieB9 wrote: »
    The seller is pushing us a bit as he excepted a quick sale as we are 1st time buyers, but we are pushing back as from the above it sounds like it should only have been sold as a 2 bed house!

    Do not be pushed. In the absence of building regs this is a 2 bedroom house.

    [QUOTE=RachieB9;53964897Would_you_push_for_the_indemnity_or_is_it_better_to_get_them_to_pay_for_someone_to_come_over_&_check_the_conversion_retrospectively?[/QUOTE]

    If you consider going any further, you need to see the design drawings and to get someone to take up part of the floor in the loft room and check the joists.

    Personally if someone has done this sort of botch job (even if it is OK on the ground they have not applied the rules) I would be concerned about the rest of the property.
    If you've have not made a mistake, you've made nothing
  • JimmyTheWig
    JimmyTheWig Posts: 12,199 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    RachieB9 wrote: »
    There is no fixed stairs just a single step up to the small doorway. But I am confused as it is off the main staircase & so has no need for a staircase.
    So this is the "loft" above the single-storey extension?
    Then it's not a single-storey extension. Why would you build a single-storey extension with a loft?
    Were the foundations for the extension designed to hold a second storey?
  • Yorkie1
    Yorkie1 Posts: 12,250 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    All the above questions are good.

    You are not going to be able to satisfy yourself visually about whether the structural stuff was properly dealt with by the sellers when they converted the loft. To do so would require them to open up walls and floors for a start. Plus you'd need evidence about satisfactory insulation levels, and foundation strength as previously mentioned if originally built as a single storey.

    Do not contact the council about the property because that will prevent anyone getting an indemnity policy on the building.

    The only other way to be satisfied is for them to provide full disclosure of structural plans they used to do the work, and for you to get a structural engineer to review them and advise.

    I think the sellers are being unrealistic to expect you to pay for a 3 bed when it isn't a legal 3-bed and they didn't do it properly.
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