What do we do now ?

suziqqq

We are nearly at exchange on the house we are buying.
Its called an upside down house where the living accommodation is on the street level and you go downstairs to the bedrooms.

The house has been marketed as a 2 bed which it is but there is a 3rd room which was marketed as a reception room as it has no windows.
We want to put in a window which would mean digging down in the front garden which has been done on other houses in the street.

Upon calling the council to enquire about building regs for the window I have been informed that the room does not exist as no planning permission or building regs was ever sought for it and as such we cannot do anything with it without the required permission etc

I don't know if the current owner had this work done or not.
I have called my solicitor today and she didn't know any of this so have had to draw a plan so she can see what we are talking about.

What should we do now as we want to use this as a legal room

lincroft1710

If the extra room is a deal breaker, then you have to consider withdrawing your offer.

But if you decide to proceed with the purchase, you would need to discuss with the building inspector, before exchange of contracts, about how to make this room comply with building regs.

AlexMac

Our godson is in the middle of a similar problem and there are many posts on MSE forum about this; past conversions without Building Regulations assent which effectively mean that the areas (usually lofts or cellars) cannot be accurately described as a habitable room, but merely as storage space.

This might affect the value, although lack of a reception room is less of a deal breaker than my GS's spat over whether it's a 2 bedder or a 3-bedder! (In his case his vendor is playing silly B's and not allowing Building Control in to inspect and his solicitor takes the view that they have to declare this to the lender, who might in consequence reduce mortgage offer; which again, seems less likely in the case of a missing reception room) .

Having said that, it might be much less of a problem in your case, and maybe the Planner's are being a little OTT, as the Planning Portal
http://www.planningportal.gov.uk/permission/commonprojects/basements/
says

" The planning regime covering the creation of living space in basements is evolving and under review. (but)
Converting an existing residential cellar or basement into a living space is in most cases unlikely to require planning permission as long as it is not a separate unit or unless the usage is significantly changed or a light well is added, which alters the external appearance of the property" .

So strictly speaking, the vendor's not necessarily breached planning rules, as they didn't need 'planning permission' in the 1st place. In any case, its not your problem til you exchange, so why not be upfront with them about the fact that you want reassurance from Building Control that the room can be regularised at some future stage, given your plans for a window are what's triggered the involvement of the Council?

You've obviously already expressed an intention to do works which probably will require a planning application. You've accepted that this will inevitably incurr some costs in terms of installing a window, excavating a lightwell, etc, so its probably not likely that there will be a 'deal breaker' argument over who will pay for an inspection (if one is required by Building Control before they advise you).

The problem will be if it turns out you need more major work - such as excavations to achieve more ceiling height with associated tanking/waterproofing of walls and flooring - to regularise the room's use, and you walk away in conseqaunce, the vendor is then left with the dilemma of whether to admit all this to a future buyer. (quite apart from the delay). For that reason, and as they've been quite happily using their reception/storage room without a window, they might not wish to co-operate with getting the inspector in!

Is there a middle way- by getting in a builder to advise and quote prior to involving Planners of Building Control? Any decent buiklder will know the regs anyway- especially if they're used to basement work?

Any way- good luck!

Pandilex

Remember that building regulations and planning permission are not the same thing, you're likely to require building regulations for any alterations you do which involves a small fee and ensuring the work complies with the standards of building regulations. House I am buying apparently has a doorway that is too small for building regs to have been granted, even if they'd bothered to apply when they did the work a millenia ago.

suziqqq

Thanks guys its not an existing cellar it has been dug out to make a room, others in the street have done it and added a window and use as a bedroom. It is currently rented and the tenant is using it as a bedroom (illegally) it has fitted wardrobes and a shower room ensuite.

Have spoken to my solicitor who was unaware it was an extension of the ground floor living space and will be asking the vendor to get it inspected by the council with any relevant documents obtained before exchange.

dimbo61

BEDS IN SHEDS!!
Fire/flood escape from room with NO WINDOWS

SuzieSue

Could you speak to some of the neighbours who have already done what you want to do and see what they had to do?

suziqqq

SuzieSue wrote: »

Could you speak to some of the neighbours who have already done what you want to do and see what they had to do?

We have one in the next street said they needed building regs another a few doors down said they didn't bother with anything lol:rotfl: