Loft conversion 1989

zakizzy25

Hi 
I thought I was about to purchase a 3 bed top floor of a converted house 
this sale has been troublesome from the start 1st there was a problem with the lease that was ambiguous that really didn’t prove one way or another that I would own the loft space as in this  loft 
conversion that has all now been accepted by my mortgage lender and dealt with 
 the problem now is  again my mortgage lender they have
accepted the planning permission for the loft conversion but now at this late stage my seller has not got any building regulations certificate 
I have read numerous information that all seems rather confusing 
from as it’s over 20 years you don’t need it
not according to my mortgage lender as it’s a loft conversion not an extension you do
as the structure if not done properly could be a potential risk (there is no fire escape)
I am also being told without buildings regulations completion certificate my seller can only sell this 
as a two bed with a loft room and obviously this will reflect on the price 
the estate agents that are all involved in this chain now know what the holding this up
if my seller decides to pull out then the estate agent will have to put no buildings regulations in the 
property description so potentially could cause massive issues for the owner 
is there a way you can check online if a property had buildings regulations certificate?
My solicitor has only ever come across this twice and both times there were no buildings regs sign off
he suspects the same here and with or without a mortgage he would not advise me to buy this flat 
gutted but in the long run who knows what problems this could bring 
anyone’s thoughts or advice would be greatly appreciated 

user1977

Why have you started a new thread rather than just continue your existing one? Will save everyone time if you keep everything together.

zakizzy25

Hi 
I don’t know how to use this forum and I didn’t know if I posted in the right section so I apologise for confusing the matter

XzavierWalnut

I am no building expert, but I thought if it is not advertised as a bedroom etc. there is no need for building regulations to apply. If it is classed as a bedroom it needs a fire door etc.

propertyrental

https://forums.moneysavingexpert.com/discussion/6470513/loft-conversion-lease-issue#latest

propertyrental

XzavierWalnut said:

I am no building expert, but I thought if it is not advertised as a bedroom etc. there is no need for building regulations to apply. If it is classed as a bedroom it needs a fire door etc.

there's a  lot more to Buildig Regs than just a fire door.

And a lot more to a buyer's decision to buy than just agreement by their lender.

zakizzy25

This was originally a big house split into two maisonettes/flats 
the top half was a two bedroom and a loft conversion was done in 1989
the property was marketed as 3 bed  as the price reflected that
its seems that full planning permission was granted have the stamped documents 
no buildings regulations sign off certificate
there is building insurance for this property my solicitor has it and since I’ve been reading everything I can on this
Surely this conversation must be stated on the building insurance if not it’s not covered and is invalid?
I can only guess 
there must be sign off documents somewhere as surely the building insurance company would ask to see them?
or am I way  off here 
And now it seems no building sign off  you can’t sell it as a 3 bed only a 2 bed with loft space? Some information says you still can 
and some information say you definitely can’t any thoughts would be much appreciated 

user1977

Buildings insurance has got absolutely nothing to do with it, that's a complete red herring.

And there is no bedroom police who are going to come round and stop you using it as a bedroom if you want to.

It is what it is. After 34 years, the lack of paperwork is really irrelevant. The council aren't going to be interested.

Look at it objectively - is there any obvious way in which it doesn't comply with (1989-era) building regulations? Is it structurally sound? What's the insulation / headroom / fire safety like? Did your surveyor raise any concerns about it?

And as I think I queried on your other thread, does your lender have a peculiarly specific policy of their own about such things, or are they just being spooked by the advice from your solicitor?

Does the original construction of the house comply with building regulations? Did the split into flats comply with building regulations?

zakizzy25

Everything you say makes perfect sense 
it’s not my solicitor it’s my mortgage lender
so you would buy a loft conversion with no proof that it was done correctly or safely 
and you would not except any problems in the future in selling this as a 3 bed 
even without any evidence that this is a safe structure



I am not saying that the council would do anything that is not my concern my concern is has this loft conversion been done properly and 
without any proof what do I do hope for the best 

user1977

The main check of whether you are buying something which is structurally sound/safe is you and your surveyor looking at it now - not whether somebody from the council signed off on it decades ago.

A huge proportion of housing stock lacks paperwork either for its original construction or subsequent works - it doesn't make it dangerous, uninhabitable or unmortgageable. I'm sitting in a building which was constructed before building regulations even existed.

zakizzy25

I absolutely understand where your coming from 
unfortunately I have to way up how safe I would feel 
would I have the same problem when I go to sell 
I appreciate what you say I have read threads on here that say differently 
 without building regulations you can’t sell it as an extra bedroom only a loft space 
My mum used to live in a prefab and still stands today and understand what you mean 
there is regularisation certificate that can be obtained to get around this
this is for my seller to obtain this can be costly and time consuming and this will undoubtedly end the sale
Maybe you could advise me on that?