3 Bed Advertised as 4

Louscorp

I am in the process of purchasing a house for which I have had a RICS 3 survey. The house is advertised as a four bedroom but the survey has revealed that the fourth bedroom which is part of an extension is a converted shed and can only be considered an ancillary space. Would this be classed as unlawful/false advertising? Many thanks

user1977

How exactly have they "converted" a shed to make it into a bedroom? Was that not obvious from viewing?

If there's nothing physically preventing it from being used as a bedroom, it can probably be described as one. It may not comply with current building regulations, but then I guess the rest of the house doesn't either.

GDB2222

How is this different from a dodgy loft conversion?

The OP can complain to the estate agent's ombudsman. 

eddddy

Fwiw, a buyer made a similar sounding complaint about an Estate Agent to the Property Ombudsman, and the Ombudsman ordered the agent to pay £700 compensation to the buyer - to cover the buyer's lost fees etc.


In that case, an estate agent's listing said a basement had been converted to a bedroom - but the basement didn't have building regs sign off.

But it depends on the precise facts of each case. Should the estate agent (i.e. a property professional) have reasonably suspected that the 'shed' didn't have building regs for the conversion to a bedroom? Did they ask the seller for more details?


Here's some extracts from the Property Ombudsman's case study:

Unfortunately, during this process it came to light that the basement, described in the sales particulars as having been converted to a further room that could be used a bedroom, did not have the required permission. Mr and Mrs G withdrew from the transaction and complained that the Agent’s sales particulars had misled them.

The Agent argued that it was not their role to investigate building regulation approval for properties they market. Broadly, I agreed that it is beyond an estate agent’s role and expertise to do so. However, I pointed out that I expect agents to be aware from professional experience that conversion of storage spaces such as lofts and cellars into habitable rooms requires building regulation approval. 

I supported the complaint making an award of £700 with reflected Mr and Mrs G’s abortive costs as well as an element of distress, aggravation and inconvenience.

Link: https://www.tpos.co.uk/news-media-and-press-releases/case-studies/item/more-problems-down-below

RogerBareford

Louscorp said:

I am in the process of purchasing a house for which I have had a RICS 3 survey. The house is advertised as a four bedroom but the survey has revealed that the fourth bedroom which is part of an extension is a converted shed and can only be considered an ancillary space. Would this be classed as unlawful/false advertising? Many thanks

When you viewed the property presumably you saw the room described as a fourth bedroom and were happy that it looked good enough to be a bedroom otherwise you wouldn't have proceeded further. So i don't really see why you feel this is an issue now?

GDB2222

RogerBareford said:

Louscorp said:

I am in the process of purchasing a house for which I have had a RICS 3 survey. The house is advertised as a four bedroom but the survey has revealed that the fourth bedroom which is part of an extension is a converted shed and can only be considered an ancillary space. Would this be classed as unlawful/false advertising? Many thanks

When you viewed the property presumably you saw the room described as a fourth bedroom and were happy that it looked good enough to be a bedroom otherwise you wouldn't have proceeded further. So i don't really see why you feel this is an issue now?

If it’s substandard construction, the whole of that part of the property might need tearing down and rebuilding. That’s a big cost. Or it might need a lot of insulation, which reduces the space and still costs. It might be damp or very cold, and costly to heat. 

Many people would not spot that themselves just by looking round, but it certainly affects the property value. 

The question is whether the estate agent should have known, and that is a matter for the ombudsman.

Louscorp

GDB2222 said:

RogerBareford said:

Louscorp said:

I am in the process of purchasing a house for which I have had a RICS 3 survey. The house is advertised as a four bedroom but the survey has revealed that the fourth bedroom which is part of an extension is a converted shed and can only be considered an ancillary space. Would this be classed as unlawful/false advertising? Many thanks

When you viewed the property presumably you saw the room described as a fourth bedroom and were happy that it looked good enough to be a bedroom otherwise you wouldn't have proceeded further. So i don't really see why you feel this is an issue now?

If it’s substandard construction, the whole of that part of the property might need tearing down and rebuilding. That’s a big cost. Or it might need a lot of insulation, which reduces the space and still costs. It might be damp or very cold, and costly to heat. 

Many people would not spot that themselves just by looking round, but it certainly affects the property value. 

The question is whether the estate agent should have known, and that is a matter for the ombudsman.

Thank you! This is exactly the case; on viewing it looked like a regular room and we weren't aware of the thickness of walls/lack of correct insulation, meaning possible issues regarding damp/temperature regulation etc 

Louscorp

eddddy said:

Fwiw, a buyer made a similar sounding complaint about an Estate Agent to the Property Ombudsman, and the Ombudsman ordered the agent to pay £700 compensation to the buyer - to cover the buyer's lost fees etc.


In that case, an estate agent's listing said a basement had been converted to a bedroom - but the basement didn't have building regs sign off.

But it depends on the precise facts of each case. Should the estate agent (i.e. a property professional) have reasonably suspected that the 'shed' didn't have building regs for the conversion to a bedroom? Did they ask the seller for more details?


Here's some extracts from the Property Ombudsman's case study:

Unfortunately, during this process it came to light that the basement, described in the sales particulars as having been converted to a further room that could be used a bedroom, did not have the required permission. Mr and Mrs G withdrew from the transaction and complained that the Agent’s sales particulars had misled them.

The Agent argued that it was not their role to investigate building regulation approval for properties they market. Broadly, I agreed that it is beyond an estate agent’s role and expertise to do so. However, I pointed out that I expect agents to be aware from professional experience that conversion of storage spaces such as lofts and cellars into habitable rooms requires building regulation approval. 

I supported the complaint making an award of £700 with reflected Mr and Mrs G’s abortive costs as well as an element of distress, aggravation and inconvenience.

Link: https://www.tpos.co.uk/news-media-and-press-releases/case-studies/item/more-problems-down-below

Very useful advice, thank you!

in_my_wellies

https://www.rightmove.co.uk/properties/116919776#/floorplan?activePlan=1&channel=RES_BUY

On the basis of this description my house now has 7 bedrooms!

RS2OOO

Not a day goes by where I don't spot a listing that clearly has less bedrooms than the number quoted, but I suspect there are occasions where even the most astute eye can be fooled. I particularly liked a recent one with floor plan labelled "Walk in Wardrobe" directly off a bedroom, but since it was 6'6" x5'6" and big enough to shoehorn in a single bed the EA saw fit to describe it as a 3rd bedroom.

If it wasn't for floor plans I could imagine there would be a lot more wasted viewings.

Would be interesting if OP would be willing provide a link to the property.

sammyjammy

Louscorp said:

GDB2222 said:

RogerBareford said:

Louscorp said:

I am in the process of purchasing a house for which I have had a RICS 3 survey. The house is advertised as a four bedroom but the survey has revealed that the fourth bedroom which is part of an extension is a converted shed and can only be considered an ancillary space. Would this be classed as unlawful/false advertising? Many thanks

When you viewed the property presumably you saw the room described as a fourth bedroom and were happy that it looked good enough to be a bedroom otherwise you wouldn't have proceeded further. So i don't really see why you feel this is an issue now?

If it’s substandard construction, the whole of that part of the property might need tearing down and rebuilding. That’s a big cost. Or it might need a lot of insulation, which reduces the space and still costs. It might be damp or very cold, and costly to heat. 

Many people would not spot that themselves just by looking round, but it certainly affects the property value. 

The question is whether the estate agent should have known, and that is a matter for the ombudsman.

Thank you! This is exactly the case; on viewing it looked like a regular room and we weren't aware of the thickness of walls/lack of correct insulation, meaning possible issues regarding damp/temperature regulation etc 

To be fair if you thought that then how would the Estate Agent know any different, its your buyers  -  sellers! that have tried to hoodwink you not the EA in my opinion based on what you've said.

GB2222 thank you!