Loft conversion

Lindsey006

I am in the process of buying a house. It has just been found out that the loft conversion has not been built in accordance with Building Regulations. Nothing was mentioned on my Level 2 Home Buyer survey. Do I need to get a Level 3 survey, Structural Engineer Survey or something else? My solicitor said I need to take the matter up with the surveyor but I am not totally sure what I should be asking, or how to resolve this going forward. The conservatory has no planning permission either but I am not worried about that as I intend to replace it. Any advice would be appreciated. Thank you!

user1977

Have you spoken to the surveyor? How old is the conversion?

Working_Mum

The forms the previous owner completed with the solicitor should confirm whether Building Regs is in place for any home improvements. Check those first and see what the previous owner said - your solicitor should have flagged it with you if it was shown as being incomplete.

Have you spoken to your local council to see if they have any record of the conversion - if not call them as they may have been involved in checking the progress of the conversion at the time and it could be just the final sign off which is missing. They'll be able to explain timescales and costs to get things signed off correctly.

When I moved house 5 years ago my solicitor noted I didn't have Building Regs sign off for a garage conversion - the Building Inspector came out and signed it off there and then. Cost me £150 from memory.

The permissions for building alterations isn't something that a Building Surveyor would check - it's not his role - he is there to check the building structural integrity. Did you get this survey done for yourself or your mortgage provider? 

eddddy

Working_Mum said:

Have you spoken to your local council to see if they have any record of the conversion - if not call them as they may have been involved in checking the progress of the conversion at the time and it could be just the final sign off which is missing. They'll be able to explain timescales and costs to get things signed off correctly.

You should be very careful about discussing anything like this with the council.

If you decide to proceed with the purchase, your mortgage lender might insist on indemnity insurance.  And alerting the council could make it impossible for you to get indemnity insurance.

Albermarle

The permissions for building alterations isn't something that a Building Surveyor would check - it's not his role - he is there to check the building structural integrity. 

It is not really 'permission' that is the issue here. It is whether the loft conversion was done to building regulations. Normally the inspector would come out during and after the conversion to check everything was OK.
The OP only had a Level 2 survey, and checking the structural integrity of a loft conversion is beyond their remit as  it would mean breaking holes in the plaster to check. Same even if a structural engineer came out.

kinger101

Working_Mum said:

The forms the previous owner completed with the solicitor should confirm whether Building Regs is in place for any home improvements. Check those first and see what the previous owner said - your solicitor should have flagged it with you if it was shown as being incomplete.

Have you spoken to your local council to see if they have any record of the conversion - if not call them as they may have been involved in checking the progress of the conversion at the time and it could be just the final sign off which is missing. They'll be able to explain timescales and costs to get things signed off correctly.

When I moved house 5 years ago my solicitor noted I didn't have Building Regs sign off for a garage conversion - the Building Inspector came out and signed it off there and then. Cost me £150 from memory.

The permissions for building alterations isn't something that a Building Surveyor would check - it's not his role - he is there to check the building structural integrity. Did you get this survey done for yourself or your mortgage provider? 

DO NOT call the council.  It would invalidate any indemnity policy.  Call your solicitor.

Key questions are....

(A) Was it marketed as a habitable room?
(B) When was it done?
(C) Was it signed off?
(D) If not, was it bodged?
(E) Do you still want to proceed?
(F) At the same price?
(G) If not, is their potential claim against the agency for providing inaccurate information?
(H) Does this fall into the nobody knows what happened and when category?

It often isn't the case for G, but the agent isn't allowed to take an ask no questions approach either.  Or take at face value something that doesn't seem true.

I've been on the other end of this. Sold a property with a boarded loft, dormer windows and drop down ladder.

Had to point out that we hadn't marketed as a room, and had pointed this out on viewings once the survey pointed out the obvious.

There's also lots of conversion done a very long time ago when regulations may have been very different and the property has changed hands many times since.  You can't really expect a detailed history in this case so need to rely on the fact that (a) the roof hasn't fallen in or (b) get a structural engineer's report.  Bare in mind they'll evaluate based on today's standard.

MysteryMe

You may be access building regulations information online through the council website

Albermarle

 You can't really expect a detailed history in this case so need to rely on the fact that (a) the roof hasn't fallen in or (b) get a structural engineer's report.  Bare in mind they'll evaluate based on today's standard.

AIUI, a structural engineer would have to make holes in the plaster to see what has been done. The vendor may well not allow this.

kinger101

Albermarle said:

 You can't really expect a detailed history in this case so need to rely on the fact that (a) the roof hasn't fallen in or (b) get a structural engineer's report.  Bare in mind they'll evaluate based on today's standard.

AIUI, a structural engineer would have to make holes in the plaster to see what has been done. The vendor may well not allow this.

Good to get permission for a more invasive survey, but the engineer would still be able to provide a report on many aspects without making holes.

Hoenir

Lindsey006 said:

I am in the process of buying a house. It has just been found out that the loft conversion has not been built in accordance with Building Regulations. Nothing was mentioned on my Level 2 Home Buyer survey. 

Was the room marketed as a being a habitable space?  Or just a loft space. 

Lindsey006

The conversion is about 25 years old. The roof hasn’t fallen in during that time so I think I will just go with it. At some point I will replace the roof and everything will get sorted then I guess. Thanks for the advice everyone