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House advertised a 3 bed but 3rd bedroom (attick room) has no building regs

245

Comments

  • ElsieMonkey
    ElsieMonkey Posts: 268 Forumite
    AdrianC wrote: »
    What if it was converted 40yrs ago?
    What if it wasn't converted by the vendor, and there's no documentation to say when it was converted?

    Well if it is likely to have been converted that long ago it takes me back to my original point, that i'll have to pay out to get it converted today (if I want to use it as a safe bedroom and market/sell it in future as 3 bed). Or I accept buy accepting that if I do sell in the future my potential buyer may well end up with the same doubts I am now having about it (in which case it may be difficult to sell). Each to their own but as I said, I may go for it if there's some negotiation on price so I can then do the works (it is a 2 bed not a 3 bed after all...if the current sellers don't have paper work for them converting it, or the previous sellers converting it, that's their issue...I don't want it to become mine if I choose to sell it in the future).
  • martinsurrey
    martinsurrey Posts: 3,368 Forumite
    Well if it is likely to have been converted that long ago it takes me back to my original point, that i'll have to pay out to get it converted today (if I want to use it as a safe bedroom and market/sell it in future as 3 bed). Or I accept buy accepting that if I do sell in the future my potential buyer may well end up with the same doubts I am now having about it (in which case it may be difficult to sell). Each to their own but as I said, I may go for it if there's some negotiation on price so I can then do the works (it is a 2 bed not a 3 bed after all...if the current sellers don't have paper work for them converting it, or the previous sellers converting it, that's their issue...I don't want it to become mine if I choose to sell it in the future).

    I think the point being made is, you cannot say its not a 3 bed, they cant prove it is.

    my Victorian house has 2 original bedrooms, I cant produce any building regulations or planning documents, but I had no issue buying it as it stands.
  • ElsieMonkey
    ElsieMonkey Posts: 268 Forumite
    Building regulations actually have unlimited time to act, if they can demonstrate that the building poses a danger to the public or its occupiers.

    now in all likely hood a loft conversion would never be this bad, but don't think you can build anything and after a few years you are 100% in the clear.

    I viewed a property recently advertised as 3 bed with 4th bed loft conversion started but just not finished. In all likelihood a conversion would never be that bad? This was essentially a hole in the ceiling with a fixed ladder badly positioned and a make-shift glass/wooden wall at the base of the ladder which, if you fell down the ladder you would easily go right through and end up at the bottom of the stairs on the ground floor! Oh, and there was a velux window in the loft which had rotted. This was a completely botched job, luckily visually obvious so I didn't waste any money or time on the property. But could be just as unlucky that something appears ok on outside but underneath just as botched. The point is you just don't know unless there's proof of a job well done.

    I did actually offer on that property minus the cost of works for a full loft conversion. I'd be paying to undo the botched work and redo again. Offer wasn't accepted as I knew it wouldn't be...but would be interesting to see if the vendor adjusts their expectations in time. Extreme example though, this so called conversion looked like it had been done by a DIYer either drunk or asleep.
  • lessonlearned
    lessonlearned Posts: 13,337 Forumite
    10,000 Posts Combo Breaker I've been Money Tipped!
    AdrianC wrote: »
    What if it was converted 40yrs ago?
    What if it wasn't converted by the vendor, and there's no documentation to say when it was converted?

    If it doesn't meet current building regs then it cannot be legally described or designated a three bedroomed house, even if the work was done prior to the introduction of building regs.

    Zennor - if you want a three bedroomed house which you can then sell as a three bedroomed house then you will have to get the work done and then signed off by a building inspector.

    At this stage you can still back out of the purchase, although I appreciate you have incurred some costs.

    I would suggest that before you take it any further you get some quotes and find out exactly what needs to be done, then you will at least know what you are letting yourself in for.

    You might then be able to renegotiate on price but don't be surprised if the vendor won't budge. The fact that the vendor saw fit to take out indemnity insurance would suggest that they knew full well of the issues involved, so no they won't agree to paying for a full structural survey and I would imagine that they are likely to be inflexible on price.

    As for the EA - well it does sound careless of them. Ideally they should have checked that the room complied with regulations before advertising it as 3 beds but I daresay when pushed they will have a plausible excuse for their "oversight".

    Your case just emphasises the rule of Caveat Emptor. You should have asked about building regs etc before making your offer.
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Sounds like you were aware there was a problem before paying for the survey, so it was wasted money to some degree.

    However, if you feel strongly that the house will be devalued when you want to sell, walking away and losing the survey/legal fees is pocket money comparatively.
  • glasgowdan
    glasgowdan Posts: 2,968 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I don't know any legalities, but there's a house for sale near me that's being called a 3 bed. The third bedroom is the lower landing at the bottom of the stairs!

    All I can say is that it benefits nobody when sellers use such fantastical descriptions. Buyers will just walk away and agents won't get their sale.
  • zennor4
    zennor4 Posts: 13 Forumite
    davidmcn wrote: »
    Who gave you this advice?

    When was the conversion done?

    Advice from a family friend who is a property developer, our solicitor (although only in conversation on the phone) and what I have googled myself. Hence coming on here to gain further opinion on this matter.
  • zennor4
    zennor4 Posts: 13 Forumite
    Dan-Dan wrote: »
    Did you not see any pictures and/or floorplans before arranging the viewing, when you did said viewing, did you not use your eyeballs to see what was what?

    Not sure what you mean by this? Unfortunately there was no floor plan as the seller didnt pay to have one. When we viewed the property there were 3 bedrooms. The converted attic has been used as a bedroom so there was nothing for us to assume there were problems until we started receiving documentation.
  • Strebor123
    Strebor123 Posts: 100 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    I viewed a house a while ago advertised as a 3 bed with loft room. When I viewed it, the loft room was clearly being used as a bedroom. When I asked why it was only listed as a 3 bed I found out it was originally listed as a 4 bed and when the first buyer was going through the mortgage process it all fell through because the loft room wasn't counted as bedroom and the lender didn't like it.

    I personally would find somewhere else.
  • zennor4
    zennor4 Posts: 13 Forumite
    davidmcn wrote: »
    Who gave you this advice?

    When was the conversion done?

    Not sure exactly the conversion was done post 2004.
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