Habitable Mezzanine Space

ddbbrrmm2255

Hi,

we are in the process of purchasing a top floor flat in a terraced period conversion which we are currently renting. 

One topic that is hard to understand for us is around the mezzanine. It appears that the loft has at some point been converted into a mezzanine most likely when house has originally been split up into flats. Unfortunately no detailed plans are available for this and the mezzanine is loosely mentioned as a "study mezzanine".

We are intending to use the mezzanine as a bedroom and are therefore a bit confused about the whole topic and definition of "habitable space". Essentially we have two questions I couldn´t find an answer for:
1. how can i find out whether the mezzanine qualifies as a habitable space?
2. what are the implications if it doesn´t and we still use it as a bedroom?

Any pointers, advice or help would be much appreciated!

Cheers, 

Carlos 

user1977

Think you'll need to give us a bit more description about the layout.

When was the house split into flats?

ThisIsWeird

Link to the sales partics?

I'd imagine that your main consideration is whether there's a risk to anyone using the space as a bedroom if there's a fire - how would they escape?

Does it have natural light and ventilation?

Other than that, you can pretty much sleep in any 'study' if you like

Hoenir

What has your conveyancer said? 

ruth56_2

We purchased a flat with a basement room (potential second bedroom or second reception), which had similar issue in that there was no planning in place to use the room as anything except a "store room/extra space". To answer your question
1 . No planning permission means it can't be marketed as a bedroom. 
2. Implications would be that the selling price should reflect the value without this space. We got more than a one bed flat but less than a two bed. Safety in a fire should be considered, as this is one aspect   that the planning covers. The access may be via stairs which would not conform to planning regs, but if you are happy with them...you can use the space for whatever you wish.

ProDave

A mezanine often just has stairs or a ladder from one room up to it.  So it is not really a separate room so not really suitable as a separate bedroom.

Then often the stairs / ladder don't comply with building regulations so can't be classed as anything other than storage.

ThisIsWeird

But you can sleep in it if you like, just as you can in your sitting room and kitchen and conservatory and even your bathtub. With the usual safety provisos as mentioned above. No-one is going to stop you from doing this.

ddbbrrmm2255

Hi Folks!
Thanks for all the quick answers! much appreciated! So the house has been split into flats sometimes in the 80s and the mezzanine covers about 50% of the floor area and is open towards the kitchen/living room. It also has two 1m by 0.5m Velux windows. 
It appears that probably the layout, the flat has currently is not according to current building regs anyways and that the same applies to the mezzanine. So I assume we should therefore not have a problem. My main concern was indeed about safety and insurance implications in the event of a fire. 
The next question now is what kind of modification would require us to upgrade the whole apartment according to building regs. I am thinking if we change the internal wall layout, like moving around the kitchen and bathroom, does this mean we now need to apply fire safety according to building regs for the whole flat?
Thanks!

Doozergirl

ruth56_2 said:

We purchased a flat with a basement room (potential second bedroom or second reception), which had similar issue in that there was no planning in place to use the room as anything except a "store room/extra space". To answer your question
1 . No planning permission means it can't be marketed as a bedroom. 
2. Implications would be that the selling price should reflect the value without this space. We got more than a one bed flat but less than a two bed. Safety in a fire should be considered, as this is one aspect   that the planning covers. The access may be via stairs which would not conform to planning regs, but if you are happy with them...you can use the space for whatever you wish.

1. This simply isn't true.  There are houses all over the country with bedrooms in extensions or conversions without formal planning permission that are marketed as such all the time.   

2. Planning does not cover fire safety, building control does.  

There's a real grey area around what estate agents want to market some lofts as.  If it clearly doesn't meet the regs then it's only ever going to be a loft.  

A mezzanine is a space open to a room, it is never a room of its own unless it has walls.  If the OP wanted to put walls up then they would need building control approval.  

aliby21

ddbbrrmm2255 said:

The next question now is what kind of modification would require us to upgrade the whole apartment according to building regs. I am thinking if we change the internal wall layout, like moving around the kitchen and bathroom, does this mean we now need to apply fire safety according to building regs for the whole flat?
Thanks!

Is your apartment leasehold? If so you will likely require consent from the freeholder to make any structural changes including knocking down walls and shifting pipework around. Before you get as far as building regs. 

Hoenir

Who "owns" the loft space in the title deeds?