Loft conversion with no building regs

Kerima55

Hi there

So I'm a FTB currently in process of buying a house. The problem that has just come to light is that it has a loft conversion with no building regs paperwork. I don't know if it does not meet building regs or simply no one has ever inspected it.

It was advertised as a 3 bedroom house with additional loft room and valued as such. I am not intending to use the loft as a bedroom as only me living there.

My concerns are: are there legal implications for me by the loft room simply existing without building regs? Would it invalidate any home insurance? 

It does have a proper staircase leading up to it with door at bottom and I wonder if this would cause an issue?

I admit I am totally clueless, I dont know anything about building regs etc or who I should contact but I'm getting pretty stressed. My solicitor has not seemed overly concerned and has just said it should not be used as a 'habitable room'. How do I ensure I am not using it as a habitable room- simply not sleep in it?!

TIA for advice! 

Kerima55

I should also say that the lift was converted many moons ago before the current owners moved in.

diystarter7

The solicitor is correct. However, I'd have a structural surveyor check it out as heck knows if the roof is safe.
If the lender finds out or is advised they may seek indemnity insurance which is relatively cheap i think via the solicitor.. There are other solutions I think, retrospective regs obtained by the seller.

Ask your solicitor about the above

Kerima55

Sorry I forgot to add- I've had the survey done and no concerns were raised...

jonnydeppiwish!

No concerns if it’s been there for ages. It’s not be sold as a bedroom

t1redmonkey

The regs are to ensure it's structurally safe and to verify there's a safe way to access the loft, escape from fire etc.

But I believe they only came in in 1985, so it might just be missing paperwork because it pre-dates that date (if that's the case, then that's probably why your solicitor isn't worried, because it's been there for decades). 

My parents have a big loft conversion with 3 bedrooms with no paperwork that they think was done in the 60s or 70s before they bought the house.  So there's no building regs on that but they've never had any problems with it.

Attican

You may want to check with your council building standards department.

In a similar situation, the ones I spoke to were very helpful but said that the “habitable space” is more defined on the features of the area itself (stairs, windows, sockets, flooring etc) rather than what an actual occupier uses it for, or says they use it for.  As per above posts, the aim is to make sure the work is sound and safe.

For completeness, as well as your insurance, your mortgage t&cs (if you have a mortgage) may also have a clause saying that the building must meet standards etc.

user1977

Attican said:

For completeness, as well as your insurance, your mortgage t&cs (if you have a mortgage) may also have a clause saying that the building must meet standards etc.

No, this is not of relevance either to buildings insurance or your mortgage.

Attican

I think it may be relevant for a mortgage based on the wording in mine. Viz:

8.2 All Planning Permissions or other Local Authority consents necessary for additions or

alterations (including change of use) completed to the Property (or if the Property

has been erected) within 10 years of the Date of Entry shall be exhibited before and

delivered at the Date of Entry.

user1977

Attican said:

I think it may be relevant for a mortgage based on the wording in mine. Viz:

8.2 All Planning Permissions or other Local Authority consents necessary for additions or

alterations (including change of use) completed to the Property (or if the Property

has been erected) within 10 years of the Date of Entry shall be exhibited before and

delivered at the Date of Entry.

That's a condition in your contract for the purchase, not a condition in your mortgage. It's up to the solicitor (and the surveyor) to work out what's necessary to satisfy the lender's requirements, you don't need to worry about anything over and above that in relation to past alterations.

Section62

t1redmonkey said:

The regs are to ensure it's structurally safe and to verify there's a safe way to access the loft, escape from fire etc.

But I believe they only came in in 1985...

Building Regs existed before 1985.  What and when depends on which part of the UK the property is in.