Advice needed garage extension with no building regs sign off

Si_Macc

Hi,
My wife and I are in the process of purchasing a house. We have received our home buyers report and it has been flagged to request building control certificate for an extension and conversion of the rear part of the garage to a study/bedroom. We have received the documentation for the property and the extension is fine but there is no certificate for the garage conversion. We have queried this with the agent stating it affects the property value as it cannot be included as a habitable room. Their answer was that the work was completed when current building regs were not applicable and is therefore not relevant. This sounds wrong as it looks like it was completed in the last 15 years at most, probably less (we have pressed the agents/sellers for a date but awaiting an answer) so I don't believe what they're saying is true. The sellers are also digging their heels in and stated that they will not drop the price under any circumstances. It was also flagged it's a property is a timber frame construction with issues relating to vents and lack of window cills on the front of the property causing damp within the structure. They have agreed to get an invasive survey completed to check the state of the structure but seems to be moving along slowly.

We love the area but there are no other suitable properties. Is this the point we drop out and rent?!

Thanks in advance for any advice.

hazyjo

How much did the survey value the property at?

If there's literally nothing else available and the only one that is has issues, it suggests your budget isn't big enough for what you want. Try searching RM with another £50k or so to see if something does then come up. Not suggesting borrowing more, just  saying it would show you need to compromise on something major like an extra bedroom, parking, or a terrace over a semi or detached.

If there area is tiny without much coming onto the market, then yes I would suggest renting so that you can be a favourable buyer with no chain. Won't necessarily get you anything cheaper though...

AdrianC

There's four issues here all rolled into one.

1. Is the lack of BR sign-off an issue for any LA enforcement?
Simple. No.

2. Does the lack of BR sign-off affect what you can do with the space?
Simple. No.

3. Does the lack of BR sign-off say anything about the workmanship of the conversion itself?
Simple. No.

4. Does the lack of BR sign-off affect value?
Not just "less simple", but totally impossible to answer. It depends entirely on the attitude of any future putative buyer. If the seller is unwilling to agree a reduced asking price, then you have a binary choice. Buy anyway or walk away.

FreeBear

Si_Macc said: Their answer was that the work was completed when current building regs were not applicable and is therefore not relevant.

Whilst it is true that current building regs can not be applied retrospectively to older buildings & conversions, compliance with the regulations that were in force at the time certainly is relevant. Even 20 years ago, there would have been minimum standards required for a garage conversion, so if paperwork can not be supplied, then the offer must reflect that.

Have you checked with the local council to see if any application had been made with respect to the garage conversion ?

Most councils have an online database that you can search - Quick & easy, but may not have much in the way of details.

hazyjo

FreeBear said:
Have you checked with the local council to see if any application had been made with respect to the garage conversion ?

Most councils have an online database that you can search - Quick & easy, but may not have much in the way of details.

Database fine - but careful not to actually speak with the council re this exact property or it will invalidate any indemnity policy if it comes to that.

N1AK

Si_Macc said:

The sellers are also digging their heels in and stated that they will not drop the price under any circumstances.

I wouldn't buy it at the price agreed prior to learning the work hadn't been signed off, and I the seller might be saying exactly what you'd expect at this stage: play hard on price if you think the other party might cave. We've just bought and the vendor was categorical about not accepting a price change (having already said they wouldn't do the remediation work) right up to the point we told the EA that we would only go ahead at the reduced price; but that doesn't make sense if you're not willing to risk losing the property. Good luck with the purchase / search!

Davesnave

Given that in most situations an attached garage conversion is permitted development, one has to ask why BR weren't obtained, unless it was to save a few ££ by cutting corners on build/insulation quality.

We converted our garage and obtained BR sign-off. It was hardly onerous as we would have wanted to meet or exceed the requirements anyway. Inspections took all of 20mins x3.

Si_Macc

Thanks all for the advice. We felt like they were dragging this out so we got so close to our agreed moving date that we would essentially have no choice. There was clearly a damp issue in the garage conversion as a dehumidifier can be seen in one of the photos so would need rectifiying. Was a hard decision but we have now backed out of the sale due to this and a few other issues, just wasn't the sort of property we were prepared to comprimise on these issues, especially as the price was high compared to other comparable sales. 

Found a few rental properties so hope something else comes up before it comes to that.