3 bedroom house now a 2 bedroom

davidmcn

Jamelia7 wrote: »

I'm keen to know if its actually legally a 2 or 3 bed when it has building control sign off but does not meet current regulations. Surely this is not unusual?

There's no principle that you need to retrospectively apply the latest regulations to all existing buildings. Otherwise my Victorian-built street wouldn't qualify as being houses at all, because they don't meet modern standards of foundations, insulation, accessibility, etc.

If the conversion was signed off as complying with the relevant standards at the time, that's the most compliant it can possibly be.

eddddy

Jamelia7 wrote: »

Now I've come to sell it, the surveyor has said that it is no longer a 3 bedroom house as building regulations have been updated since and it no longer meets these regulations.

Is this the mortgage lender's valuer, or a different surveyor arranged by the buyer.

They key piece of information to ask for is the mortgage lender's valuation.

If that's in line with what the buyer has offered, that's what really matters.

Mickygg

I would keep firm, say irrespective of their thoughts your house is being sold at £k. Remember they too have invested time and money so won’t want to lose it easily.

It depends how much of a reduction % we are talking though.

Jamelia7

Thank you, you are probably right about the council tax element.

Jamelia7

The buyer is lucky enough to not need a mortgage so there is no mortgage valuation.

Thank you all very much for your help, she is sending around a third set of builders smartly next week to assess the costs she wants off so shall wait for an official request through solicitors.

I'm the meantime I'm going to get a counter-quote of my own as the two people she has sent round so far are clearly not professional builders and may well just be friends of hers.

Thrugelmir

Sounds a sensible plan to investigate the matter yourself. As currently it's your safety that's at risk as well.

winspiration

It sounds to me like a last minute bid to beat you down (again) on price - playing on the fact that things have dragged on and of course you are keen to complete and move on to your next house. If the sale was agreed in July, I'd question why the issue hadn't arisen before - and also why it was taking so long anyway if they really are a cash buyer.



If it was me (I appreciate that I'm not in your shoes), I think I would be tempted to call their bluff and say if they are not satisfied it is a three bedroom house, fair enough - you'll be pulling out of the sale and will be remarketing the property in the new year.

lincroft1710

Council Tax bands are the responsibility of the VOA not the council and they tend to look at the gross external area of a property rather than number of bedrooms.

I doubt that your house has a consumer unit which is compliant with current regulations so I am sure you will be prepared to further reduce the price. Nooooo only joking, probably 95% of houses will not have compliant consumer units. Similarly your loft conversion met building regs current when it was built, and it is not dangerous nor requires updating.

unforeseen

John_Smith_2019 wrote: »

Are you sure that your council tax is based on the number of bedrooms your house has?
I thought council tax was based on a valuation banding system (eg band C, band D etc) and also the local ward / area your house is in.

On many terraced streets there will be houses that look the same from the outside, but inside will have different configurations (eg bathrooms moved upstairs, losing a bedroom etc).
No one from the council has ever asked or checked how many bedrooms my house has. Nor any of my neighbours' (so far as I know).

I am guessing that it was reassessed after the building work and the considered that it had gone up a band. They would have assessed on the details in the PP and building regs signoff, no visit necessary. The new banding would then get applied on sale of the house

LittleMax

Jamelia7 wrote: »

Yes, I've seen the buyers survey report. It states that the loft room cant be classed as a bedroom and it doesn't have a protected landing. But my survey 7 years ago says the loft room is a bedroom and it was all signed off by building control. The only thing that has changed in that time is building regulations (apparently- I haven't looked them up).

You have answered your own question here. Tell her that it met building regulations when completed and has building regs approval- this should have shown up in their local authority searches - but provide another copy of the certificate if you have it. If it were me I would make it clear that I will not be contributing to the costs of any additional work that the buyer might choose to carry out.