Attic space done under permitted development

evie1806

I am selling my home and approx 13 yrs ago my partner (not a builder) put in a wooden staircase, larger opening with balustrade, boarded the floor and ceiling in the attic to use the space to store the boiler, children’s toys, luggage and Xmas decks etc. It has never been used as a bedroom or similar. Never had heavy furniture etc there. We did it under permitted development rules- did not apply under building regs or planning permission. Will an indemnity policy suffice as we have sold to a cash buyer who is instructing a survey to be carried out. 

ElephantBoy57

evie1806 said:

I am selling my home and approx 13 yrs ago my partner (not a builder) put in a wooden staircase, larger opening with balustrade, boarded the floor and ceiling.

Is there a door to the loft? Doors are required for building regulations, to slow down the progress of a fire.

davidmcn

Probably, yes. Best just wait to see what they ask for.

evie1806

Yes there is a door on the landing, the stairs are enclosed. I am 5ft 4 and can only stand upright in the dead centre before the ceiling/roof starts to pitch. We haven’t plastered, painted or carpeted it. The roof joists are visible as are some of the floor joists. However, the ceiling and floor have been insulated with kingspan and boarded. My partner says there shouldn’t be anything to worry about but im concerned a surveyor will given reason of concern to the buyer. 

evie1806

ElephantBoy57 said:

evie1806 said:

I am selling my home and approx 13 yrs ago my partner (not a builder) put in a wooden staircase, larger opening with balustrade, boarded the floor and ceiling.

Is there a door to the loft? Doors are required for building regulations, to slow down the progress of a fire.

Yes but we didn’t apply for building regs or planning. Just permitted development. 

Slithery

You still have to adhere to building regs when taking advantage of permitted development.

evie1806

Slithery said:

..........

Sorry have I missed something here?

FreeBear

evie1806 said: Yes but we didn’t apply for building regs or planning. Just permitted development. 

Even under the terms of Permitted Development, building regs still apply.

AdrianC

evie1806 said:

I am selling my home and approx 13 yrs ago my partner (not a builder) put in a wooden staircase, larger opening with balustrade, boarded the floor and ceiling in the attic to use the space to store the boiler, children’s toys, luggage and Xmas decks etc. It has never been used as a bedroom or similar. Never had heavy furniture etc there. We did it under permitted development rules- did not apply under building regs or planning permission. Will an indemnity policy suffice as we have sold to a cash buyer who is instructing a survey to be carried out. 

Only your buyer can say if a pointless indemnity will give them a warm-and-fuzzy.

There's nothing to stop the room being used for whatever they want to use it for, and there's nothing the LA can do about your failure to do the paperwork at the time.

thearchitect

Enforcement. 

Assuming you are in England then the local authority is only entitled to serve a Section 36 Notice within 12 months of the offending work being carried out. After that time they may still apply to the court for an injunction which if granted would prevent the property from being used.  If an application for an injunction was made, the court would have to consider whether it would be in the public interest to grant it - e.g. there was some sort of significant safety issue or the like.

Insurance

An indemnity policy can be sought on the basis that  the lack of building regulations approval may be indicative, or at least raise the risk of,  a defect which the buyer could not have been aware of and therefore could not have taken into account when deciding how much to offer for the property.  So if the structure required strengthening, you would have reduced your purchase price by a commensurate amount.

The situation in Scotland, where there are more robust Building Regulations, is a little different.