Seller made structural changes after survey!!!

housemovepanic

We are in the middle of buying a house (part of a chain) which has a large extension part of which is a loft room with a switchback staircase leading to it and velux window which my husband was going to use as an office.

AFTER our full structural survey was complete in July our solicitor requested all building and planning docs and it transpired that the completion certificate was "unavailable" and a new one would need to be sought from the council. Update to our solicitor in August the council inspector had been out and they were waiting on the certificate.

Fast forward to today and the sellers EA drops the bombshell that the sellers have ripped out the staircase to the loft and installed a loft hatch and ladder as they couldn't get the completion certificate as they didn't meet regs for a "habitual space". The EA thought we knew but the sellers solicitor had not told us and the work is complete the property is changed.

THE SELLERS BLAME US FOR REQUESTING THE BUILDING REGS DOCS!!!

We have wasted money on surveys and fees and all this was done completely behind our backs - I don't think they would have told us at all - do we have any come back here????

I'm so angry - I can't believe they would do this without telling us and expect us to be ok with it! 

pinkshoes

housemovepanic said:

We are in the middle of buying a house (part of a chain) which has a large extension part of which is a loft room with a switchback staircase leading to it and velux window which my husband was going to use as an office.

AFTER our full structural survey was complete in July our solicitor requested all building and planning docs and it transpired that the completion certificate was "unavailable" and a new one would need to be sought from the council. Update to our solicitor in August the council inspector had been out and they were waiting on the certificate.

Fast forward to today and the sellers EA drops the bombshell that the sellers have ripped out the staircase to the loft and installed a loft hatch and ladder as they couldn't get the completion certificate as they didn't meet regs for a "habitual space". The EA thought we knew but the sellers solicitor had not told us and the work is complete the property is changed.

THE SELLERS BLAME US FOR REQUESTING THE BUILDING REGS DOCS!!!

We have wasted money on surveys and fees and all this was done completely behind our backs - I don't think they would have told us at all - do we have any come back here????

I'm so angry - I can't believe they would do this without telling us and expect us to be ok with it! 

How was this loft "room" described? As an actual room or loft (storage) space? Did it have a fire door etc...?

It's quite common to have a loft conversion that does NOT meet fire safety (thus building regulations) so they are therefore just "storage space" rather than a room. 

Ripping the staircase out is ridiculous! Usually it is just made clear that it is not an actual room... Have you actually been to see what has been done?? If the seller has ripped out a staircase then they are clearly a little unhinged!

Ultimately, if you want to use it as a room and some day sell it as a room, it needs to meet building regs, so you would need to get this work done. So either drop your price accordingly, or pull out of the sale. 

tooldle

Sounds an unfortunate chain of events. I can see both sides of this, in that the seller was obtaining the certificate as asked, but the potential purchaser was not aware  'obtaining the certificate' might necessitate a change to the property to make it compliant. No comeback as far as i'm aware. 

silvercar

Have the seller’s now obtained a building reg certificate, or have they removed the stairs and replaced with a loft ladder so that they don’t need to apply for one?

theoretica

Buyers ask for certificates to protect themselves from buying properties which do not meet the regulations - so this has worked as intended.  Yes, the sellers should have notified you of the changes, but would that have changed your costs?  Unforeseen things turning up as a result of enquiries/surveys is why you pay for them.  Or are you actually upset with your solicitor as you were happy buying a property without the certificates?

trakky14

If you've not been to see it I would definitely go and see, you can still pull out at this stage

housemovepanic

Thank you both - it was advertised as a loft room/storage space and as my husband and I have both said, as we wanted to make this our permanent home, had the sellers come to us and explained we would likely have forgone the certificate for the sake of the sale.

Now however we are in a situation, where we have lost a room that we intended to use as my husbands office with no alternate options.

I do not think they will accept a reduced price (they pushed us hard) so we will, I think regrettably lose the house.

comeandgo

I’m with the sellers on this.  They have made their property pass all the requests you made.  Could you renegotiate and do your own work to get the room back to the condition that will pass all the building requirements?

lookstraightahead

I don't think you could have used it as an office though 

Niv

lookstraightahead said:

I don't think you could have used it as an office though 

why not? You can use a shed as an office if you want.

Van_Girl

housemovepanic said:

Now however we are in a situation, where we have lost a room that we intended to use as my husbands office with no alternate options.

I do not think they will accept a reduced price (they pushed us hard) so we will, I think regrettably lose the house.

I don't see how you have lost that room - just use it via the ladder, or add the staircase back in. I'd certainly be asking for a small reduction, the equivalent of replacing the stairs. But just keep in mind that when you sell, you have to list it as a store/loft room not a bedroom 

Or, as someone has said, at a later date you could do the works to comply with building regs to make it a habitable room. 

Seems crazy to lose the house over this