Seller... loft conversion with no building regs, how to resolve/proceed

lemons21

Hello all, 

I'm hoping that some knowledgeable folk can help advise on this one. 
My partner purchased a two bed flat (maisonette) approx four years ago. As stated it is two bed and it also has a converted loft area, which essentially functions as a fancy storage area. It is not used as an additional bedroom, or a habitable space, nor is it advertised as one. 

The conversion was done approx 10 years ago and it appears that at the time of the works, the previous owners did not seek regs for the works.
When my partner bought the property, solicitors only briefly mentioned it in a long 20+ page long document, along the lines of 'you understand that building regulations were not sought for the works so you must ensure that you are satisfied with the quality of the works'. There were no proper conversations or exchanges about the issue and the solicitors did not draw attention to it; this was the only mention of it. (I'm comparing with my own experience with my own solicitors who have very actively informed me of any similar concerns). 

As such, in retrospect I feel that it is questionable whether the solicitors acted to adequately inform their client of the issue. At the time, my partner was moving out of a tricky situation, and now feels like an idiot for not understanding this fully.   
I feel that my partner has essentially been stitched up by the solicitor, who is meant to act in their interest but I figure because it was noted in the 20+ page document, any claim for negligence of the solicitor is a no go.
 
Over the past year, my partner has had the property on the market and given the demographic the property attracts (young professionals or first time buyers) has come across a few problems.
I should add that there is NO intent whatsoever to not deal with the issue of the lack of building regs thoroughly or conscientiously. My partner has forked out for a structural engineer to look at the works. Their report essentially states that the works are structurally sound and safe but would not satisfy current regs (to be expected I suppose given that the work is 10 years old anyway). The report did not state the changes that would be required to gain retrospective regs.  The buyer and their mortgage provider were satisfied with this, but the sale fell through for other reasons (enquiries- basically a shared driveway needing to be re-tarmaced).

My partner is now seeking to tackle the issue of the loft conversion before remarketing and is unsure where to turn. Hesitant to contact the council as a first port of call, knowing that it will fail and fearing being given a set period of time to rectify the issues where the costs involved are unknown. Is that how it would work?

I have heard that some surveyors will, for a fee, inspect and advise what is needed to bring it up to standard of current regs or indeed turn it back to a boarded loft with a standard hatch entrance. 

I have been reading about the process of obtaining a Letter of Comfort (given the age of the works and the SE's report) but doubt that this would be relevant here. 

Finally, there is the question of indemnity insurance (given that SE report states that works are sound) and investing in resolving the issue from the enquiry (the driveway- to my mind this seems minor compared to the conversion) to increase saleability. My first thought would be to deal with the regs of course. 

Feeling a bit lost here. Any words of wisdom gratefully received.  

user1977

If it's structurally sound I wouldn't be overly concerned about it. The rest of the flat isn't going to comply with current building regs either, but presumably she's not going to bring that up to standard either? It's beyond any timescale for enforcement action. You don't want to contact the council (except as a last resort) as that would preclude using indemnity insurance as a solution.

Are there any objective problems with it? e.g. steep stairs, rubbish fireproofing/insulation, etc? You haven't said quite what the "conversion" comprised if it's merely a "fancy storage area".

lemons21

user1977 said:

If it's structurally sound I wouldn't be overly concerned about it. The rest of the flat isn't going to comply with current building regs either, but presumably she's not going to bring that up to standard either? It's beyond any timescale for enforcement action. You don't want to contact the council (except as a last resort) as that would preclude using indemnity insurance as a solution.

Are there any objective problems with it? e.g. steep stairs, rubbish fireproofing/insulation, etc? You haven't said quite what the "conversion" comprised if it's merely a "fancy storage area".

Thanks for your reply 

In terms of what it comprises of: stairs (steeper than standard but not horrendous and nothing on the steep stairs in my Victorian house), with a step at the top, no fire door, carpeted floor. The height of the area is a worry for us, hip roof, sloping downwards (but then again it is not considered a habitable room). 
However, she has in fact had work done on the existing conversion to make sure that it is structurally sound prior to sale. 
Prior to the structural engineer's inspection, a builder reinforced two structural elements (purlin reinforced) of the conversion and boarded these reinforcements up (as not boarded up would have presented a fire hazard). The builder who was contacted to complete the works was present for the structure engineer's inspection so that the SE could fully access everything he needed to with microscopic cameras etc for the report. 

Thrugelmir

lemons21 said:

along the lines of 'you understand that building regulations were not sought for the works so you must ensure that you are satisfied with the quality of the works'. There were no proper conversations or exchanges about the issue and the solicitors did not draw attention to it;

Seems very explicit. The solicitors never saw the property. Not they are experts. Onus is on the buyer to conduct their own due diligence. 

Appointing ones own surveyor isn't difficult. 

lemons21

Thrugelmir said:

lemons21 said:

along the lines of 'you understand that building regulations were not sought for the works so you must ensure that you are satisfied with the quality of the works'. There were no proper conversations or exchanges about the issue and the solicitors did not draw attention to it;

Seems very explicit. The solicitors never saw the property. Not they are experts. Onus is on the buyer to conduct their own due diligence. 

Appointing ones own surveyor isn't difficult. 

Thanks for the reply 

I appreciate what you are saying but what is done is done now sadly. My partner is already kicking herself about not paying enough attention to that mention of it in the long document at time of purchase. Was in a tough situation at the time. Lesson learnt for the future. 

I was really looking for advice about how to proceed in terms of the regs side of thing from anyone with experience. 

Have already appointed own structural engineer. Thanks anyway 

Doozergirl

If it isn't a habitable room then you don't need building control approval for it.  

If you're saying that the head height isn't adequate to be a proper room, then it will
never pass. 

Just explicitly state that it is loft storage on the agent's details.   If anything, you could make it less nice and more like a
loft but I don't see the point.

if anyone asks about building control you explicitly tell them that it is not a loft conversion, not used as one and not being sold as one, but that you do have an SEs report saying that it is structurally sound.  Job done.
 

ProDave

My take would be remove the non compliant staircase and put back a good quality retractable loft ladder.

The small cost to do that would remove all the doubts and questions and would not devalue the property as it would still be non habitable storage space just as before.

UnderOffer

Is it still currently for sale? Are you getting viewings, but no offers? I’d remarket/continue to sell perhaps adjust the price to make it attractive against other 2 beds in your area and not give the loft too much thought.  Is it shown as storage only or do you have furniture up there? I’d remove anything showing it as a room and just confirm in the listing that it’s a storage area only. 

I’m sure someone will be along and love the place and just think the carpeted loft is an added bonus. You could provide the structural engineer report as added evidence that the loft is sound. The next buyers solicitor and lender may not be concerned at all. Though it does sound like you need to sort the driveway? Is that your responsibility or the Freeholder? 

Section62

lemons21 said:

The conversion was done approx 10 years ago and it appears that at the time of the works, the previous owners did not seek regs for the works.

Was freeholder consent  needed/obtained?  Does the freeholder(s) know about the conversion now?

Section62

lemons21 said:

Thrugelmir said:

lemons21 said:

along the lines of 'you understand that building regulations were not sought for the works so you must ensure that you are satisfied with the quality of the works'. There were no proper conversations or exchanges about the issue and the solicitors did not draw attention to it;

Seems very explicit. The solicitors never saw the property. Not they are experts. Onus is on the buyer to conduct their own due diligence. 

Appointing ones own surveyor isn't difficult. 

Thanks for the reply 

I appreciate what you are saying but what is done is done now sadly. My partner is already kicking herself about not paying enough attention to that mention of it in the long document at time of purchase. Was in a tough situation at the time. Lesson learnt for the future. 

I was really looking for advice about how to proceed in terms of the regs side of thing from anyone with experience. 

Have already appointed own structural engineer. Thanks anyway 

Thrugelmir's point was a really important one.  You placed a question mark on the competence of the solicitor and implied they hadn't acted in the interests of their client, who had "essentially been stitched up".

Issues like this come up on the forum regularly, and it is important that anyone in a similar situation finding this thread in the future understands the limitations on what conveyancing solicitors can be expected to do without the client asking questions and for additional investigations to be carried out.

It is almost certain that 'any claim for negligence of the solicitor is a no go' - but not because of some small-print get-out-of -jail clause, but instead because they have done what would be expected from a solicitor in that situation.

Your partner hasn't in any sense been 'stitched up' by the solicitor in this matter.

(this isn't intended as criticism of you or your partner, just a heads up to anyone who finds themselves in a similar position)

pinkshoes

I agree with @Doozergirl. It's a loft for storage. Not a room. So as it is not being sold as a room then it  is not required to meet regulations for a room.

Just make sure the advert describes it as storage space in the loft. 

If prospective buyers then think "ohhhh what a posh storage space" then so be it, it's up to them what they do with it. You could always change the door for a fire door as that's easily done.

This is actually quite common - so many people convert lofts but then realise that the regulations are way too expensive to meet, so end up selling just as loft storage space.