Advise re attic bedroom.

Fdbjg123

Hi,

I own a 3 bed, 3 storey Victorian end terrace house and am currently trying to sell it. A few people have queried whether the attic bedroom is truly a bedroom as it doesn’t conform to current building regs. It was there before I bought the house 4 years ago and before the previous owners, etc. I’m fairly sure it’s an original feature of the house as all houses down my street have a loft bedroom and look identical from the outside. My question is, is it legally a bedroom? Can we sell it as such? I’ve checked my local council’s website and no one on our street has planning permission for their lofts (well within last 20 years). I have indemnity  insurance for it so don’t particularly wish to contact the council and ask and risk making it redundant. 

Thanks for any help. 

CSI_Yorkshire

You can advertise any room you want as a bedroom, there's no rules.

You just need to be prepared for people to treat the house as if it is only a 2 bed and offer accordingly.

I do the same when the "3rd bedroom" isn't big enough for anything more than a cot.

Fdbjg123

We were wanting to part exchange with Taylor wimpey but they said no because legally we can’t say the attic is a bedroom even though it’s original to the house. They said we needed planning permission/building regs. It is a large room, enough space for a double bed, wardrobe etc with a small door leading to the eaves. I’m just confused why this can’t be classed as a bedroom/seen as one if it’s original. 

nicmyles

You may have more luck with a non-commercial buyer who is happy to take a view. I would suggest that if it looks like a bedroom, can be accessed normally and can in fact be used as a bedroom, most people will see it as a bedroom.

Section62

Fdbjg123 said:

Hi,

I own a 3 bed, 3 storey Victorian end terrace house ... I’m fairly sure it’s an original feature of the house

If it was built as a habitable room at the same time as the property then you can count it as a bedroom regardless of the current building regs.  The council don't have any involvement in this, unless the property was going to be used for HMO or other commercial purposes.

Non-compliance with the current building regs doesn't stop a room being used as a bedroom - although the occupiers of the property clearly need to think carefully whether they would be safe sleeping in a room which departs significantly from the regs in terms of spread of fire and smoke, access and egress, and structural stability.

So whether other people would count it as a bedroom is up to them and what they are deciding what they are willing to pay for the property.

CSI_Yorkshire

Fdbjg123 said:

We were wanting to part exchange with Taylor wimpey but they said no because legally we can’t say the attic is a bedroom even though it’s original to the house. They said we needed planning permission/building regs. It is a large room, enough space for a double bed, wardrobe etc with a small door leading to the eaves. I’m just confused why this can’t be classed as a bedroom/seen as one if it’s original. 

What they mean is "Taylor Wimpey won't be able to sell it easily as a three-bed, so we don't want to take it because we might not make our money".  They're just throwing things like "legally need planning permission" around because that's easier than having the real discussion.

There's no law that says I can't call the space under my stairs a bedroom if I want to.  There would be legislation stopping me renting it out to a lodger as a bedroom (probably) and the council wouldn't licence it as a bedroom for an HMO (as S62 said).

Section62 said:

So whether other people would count it as a bedroom is up to them and what they are deciding what they are willing to pay for the property.

That is precisely the issue.  TW don't want to count it as one.  Other buyers might or might not.  No "legally" about it.

fewcloudy

Fdbjg123 said:

We were wanting to part exchange with Taylor wimpey but they said no because legally we can’t say the attic is a bedroom even though it’s original to the house. They said we needed planning permission/building regs. It is a large room, enough space for a double bed, wardrobe etc with a small door leading to the eaves. I’m just confused why this can’t be classed as a bedroom/seen as one if it’s original. 

If that's what TW say then surely that's up to them isn't it? It doesn't mean no one else can ever call it a bedroom, just that they do not consider that it is.

So you can continue to try to sell it, and market it as you see fit, just not to TW.

At the right price you will sell it to someone who thinks it is worth what they are paying for it, regardless of how many bedrooms they/you/TW think it has.

theartfullodger

invite fire service round to comment. Suspect they'll tell you to stop using.

Do this for your sake and that of family & visitors. Please.

user1977

theartfullodger said:

invite fire service round to comment. Suspect they'll tell you to stop using.

Why would they? Because it doesn't conform to current regulations? Presumably nothing else in the house does either!

MultiFuelBurner

user1977 said:

theartfullodger said:

invite fire service round to comment. Suspect they'll tell you to stop using.

Why would they? Because it doesn't conform to current regulations? Presumably nothing else in the house does either!

I thought this was a strange throw away comment as well. 

NameUnavailable

How is the room accessed? Is there a staircase from the hallway/landing (not a loft ladder?)?