Legality of renting out loft conversion without building reg approval for lodger

RositaF

Hello all,

I'm about to buy a house which was marketed as a 3 bed but doesn't have the BR approval for the loft, so on the advice of my surveyor I managed to renegotiate the price appropriate to a 2 bed with a nicely boarded out loft. When I move in I am hoping to rent out the loft space, but was wondering whether you have any knowledge about the legality of this?

I'm also setting up a building insurance policy but not sure whether to call it a 2 bed (because of lack of BR) or a 3 bed (because the third bedroom will be inhabited).

Finally, when I move in I would like to get a quote on getting approval for the loft (which was apparently converted by the council in the 1970s) but not sure whether getting a quote would mean I would be obliged to go ahead with the work, as it will be inhabited?

If anyone could shed any light on this it would be very much appreciated!

tacpot12

Are you sure that the loft is safe to be occupied? How do you know? How might you prove it in a court, in the absence of BR approval?

You buildings insurance won't cover you for certain sorts of claims if the loft is occupied, but doesn't have BR approval. You really don't want to find out when it is too late that the event that has happened isn't covered by your insurance.

You should declare the property as a two bedroom property, and then change this when you are able to get approval AND you wish for anyone to occupy the room as a bedroom.

Robin9

Rent out the loft space to store cardboard boxes if you like but not to rent out to people.

If the lodger was to die you'll probably face manslaughter charges

paddyandstumpy

tacpot12 wrote: »

Are you sure that the loft is safe to be occupied? How do you know? How might you prove it in a court, in the absence of BR approval?

You buildings insurance won't cover you for certain sorts of claims if the loft is occupied, but doesn't have BR approval. You really don't want to find out when it is too late that the event that has happened isn't covered by your insurance.

You should declare the property as a two bedroom property, and then change this when you are able to get approval AND you wish for anyone to occupy the room as a bedroom.

No. You should insure the property as a 3 bed to be on the safe side.

Recently there was a case where a family home burnt down and insurers refused to pay, it was declared as a 5 bed but in actual fact was a 7 bed, the two loft rooms not have BR approval IIRC.

Cakeguts

Get someone to check that the loft is up to the modern fire safety before you even think of letting it. Someone could die up there if it isn't fireproof with a fire escape route.

G_M

If the loft is unsafe, and the lodger is injured or killed, you could be held criminally responsible eg


* flooring not adequate for weight of furniture and person;
* access not fire-safe
etc etc

diggingdude

Sure its only a lodger that is being put in danger, not like they are human beings is it? Wonder what would happen if they found out, got annoyed and reported your dodgy dealings to the council (a good council that is, not the one I work at where the complaint would wait 6 months to be ready)

G_M

diggingdude wrote: »

..... (a good council that is, not the one I work at where the complaint would wait 6 months to be ready)

I think they're all so cash-strapped they're all much the same....

gettingtheresometime

paddyandstumpy wrote: »

No. You should insure the property as a 3 bed to be on the safe side.

Recently there was a case where a family home burnt down and insurers refused to pay, it was declared as a 5 bed but in actual fact was a 7 bed, the two loft rooms not have BR approval IIRC.

http://www.thisismoney.co.uk/money/article-5550933/Our-house-burnt-insurer-refused-pay-said-7-bedrooms-not-five.html

Kynthia

You need to follow what your insurer defines as a bedroom when it comes to buildings insurance. Ask them and put the response in writing back to them just in case.

I wouldn't risk letting the room without some kind of documentation saying it's safe to be occupied. Entering into a business transaction means you can be sued should anything happen and you have a duty of care, so you may need to evidence that you weren't doing anything wrong. Perhaps a surveyors report of the room would suffice, if it was positive.

[Deleted User]

If you really wanted to rent a room out, I'd rent out the main bedroom and sleep in the loft.