How to make ny loft conversion 'not habitable'?

Alexfwalker81

I have caused myself an unnecessary problem.
 
In 2016 I built some storage in our attic, taking advantage of the large central space between the joists. I made a nice job of it, largely because we'd suffer from cluster flies in the attic each season, so it's lined out with plywood (so that we wouldn't have to worry about the flies fouling on anything stored), bit of insulation over the top, carpeted, lights and electric extended from what was there already (not by me, qualified electrician and the appropriate certification provided). It's not heated and no windows. There's a foldable loft ladder to access from the main landing. I've never pretended that this is up to regulations, as it isn't, but it is not more than a glorified storage area that I couldn't help making as nice as I could. It is not and was never intended to be a bedroom and has not been described as such by estate agents.

The problem is (without blowing smoke up my own $£%^), that I've done too good a job! Consequently, it could be considered habitable, which brings it under the scrutiny of the building regulations. It could never be up to regulations, as it's on joists, doesn't have the necessary fire access etc. Like a total muppet, I asked the opinion of the Local Authority without realising that to do so would be immediately invalidating the indemnity policy route when we come to sell.

My understanding is that I have two options if we want to sell the house, 1) get it up to regs or 2) take it down. Option 1 is a non-starter, as you'd just never get the necessary fire access in the rest of the house, before you even start to think about joist strength. Option 2 is not the end of the world, after all it is just some plywood, carpet and insulation neatly arranged in the loft. But, I'd like to avoid ripping out the whole thing - instead I'd like it to be what it is - just a storage room. So, I'm wondering what I'd need to do to make it not habitable.

I would've thought that removing the carpet, insulation, electrical sockets (not the lighting) and the loft ladder would render it not habitable. Thoughts?

grumbler

Alexfwalker81 said:

I would've thought that removing the carpet, insulation, electrical sockets (not the lighting) and the loft ladder would render it not habitable. Thoughts?

What sort of ladder is it? All lofts have ladders that don't make them habibable.

Hasbeen

Sounds like floored storage in loft to me. Would say ok with retractable loft ladder. Perhaps not if fixed staircase. Who says it could be considered habitable?

Doozergirl

It's not habitable if it has a loft ladder. 

I'm glad you're proud of the job but if it's not a room, it's not a room!  

Our buyers haven't even seen our loft.  

There's literally no reason for this to be a problem, but you can fill it with the contents of what should be in a skip if you want it to look like a proper loft.  😂

TELLIT01

The OP has stated all the reasons it can't be classed as habitable, so I don't see that any further action is required on their part.

bellaboo86

My last house had a loft room with a staircase and had plug sockets, a window and was carpeted. When selling the house, I ensured it was labelled as a loft room and said to viewers that it would not be suitable as a bedroom 

During the sale process the buyer’s solicitor enquired about building regs and I stated that as per sales information, it was not a loft conversion but a boarded out loft and therefore didn’t need building regs. I’m pretty sure I didn’t buy an indemnity policy. 

Alexfwalker81

TELLIT01 said:

The OP has stated all the reasons it can't be classed as habitable, so I don't see that any further action is required on their part.

That's my gut feel too - it just isn't habitable as it stands, although I could do more to make it less habitable. I can't help feeling that the guy from Building Control was slightly pushing his luck in the hope that I'd take his word and just dismantle without question. After all, to my understanding, it's exempt from a section 36 notice because it's more than 12 months old and it's not a fixed staircase, just a retractable ladder. I'm just concerned that I've put it on a radar somewhere by trying to do the right thing and speak to the 'experts'. Consequently, it may be a case of how risk averse our buyers and their solicitor feel.

bellaboo86 said:

My last house had a loft room with a staircase and had plug sockets, a window and was carpeted. When selling the house, I ensured it was labelled as a loft room and said to viewers that it would not be suitable as a bedroom 

During the sale process the buyer’s solicitor enquired about building regs and I stated that as per sales information, it was not a loft conversion but a boarded out loft and therefore didn’t need building regs. I’m pretty sure I didn’t buy an indemnity policy. 

Yes, we've said the same thing in the particulars. Of course, you never know what the estate agent might have said when showing the house. And of course, I went 'belt and braces', thinking that I was doing the right thing by speaking to Building Control...

Doozergirl said:

It's not habitable if it has a loft ladder. 

There's literally no reason for this to be a problem, but you can fill it with the contents of what should be in a skip if you want it to look like a proper loft.  😂

I'd need to get the contents of a skip! Being too organised means that we've already cleared out virtually all extraneous rubbish!

Jono111

There has got to be something you are not telling us. If you are selling a house with loft storage why would you care what the buyer did with it. A bit like selling a house with a nice shed and asking the council if it would be ok for any potential buyer to turn the shed into a block of flats, just in case they did.

Alexfwalker81

Jono111 said:

There has got to be something you are not telling us. If you are selling a house with loft storage why would you care what the buyer did with it. A bit like selling a house with a nice shed and asking the council if it would be ok for any potential buyer to turn the shed into a block of flats, just in case they did.

I’m not worried what the buyer does with it (other than bruised pride), it’s just that as we’ve got a sale agreed, it’s a total snag to have caused a problem where I didn’t need to. Worst case, the buyers could pull out - that’s the obvious fear.

Jono111

It is only a problem if the buyer makes it one, ask them if they want it left as is or removed.
No need for indemnity insurance.

Alexfwalker81

Jono111 said:

It is only a problem if the buyer makes it one, ask them if they want it left as is or removed.
No need for indemnity insurance.

I think you're right. The indemnity insurance would only cover the removal anyway, which would be equivalent to a man and a skip for a day, so it's a bit of a red herring. Ultimately, we're in the hands of the buyers. They won't want to see it removed, so I suspect that a sensible solution will be found.