Have I made a mistake contacting building control about planning ?

Section62

Skint_yet_Again said:

Certainly got the OP confused 😵‍💫 🤯🤦‍♀️

Don't worry, what is being claimed isn't correct.  You don't need to provide proof a room can be used as a bedroom for it to be legally used as a bedroom.

An EA might be reluctant to describe a room as a bedroom if they think it might not comply with building regs, but that has more to do with them covering their own backsides rather than a specific legal requirement about bedrooms.

In your case the additional bedroom might not comply with current building regulation standards, but what is probably more important is it likely isn't what the average person expects from a bedroom (i.e. not having to go through another bedroom to get to it).  From the EA's perspective they might expect negative reactions from viewings by people looking for a 3-bed, if they get shown a property which arguably only has two 'proper' bedrooms, and needs work done to make it into a genuine 3-bed.

Chief_of_Staffy

Section62 said:

Skint_yet_Again said:

Certainly got the OP confused 😵‍💫 🤯🤦‍♀️

Don't worry, what is being claimed isn't correct.  You don't need to provide proof a room can be used as a bedroom for it to be legally used as a bedroom.

It's a good job I never claimed that. The seller can use the room as a bedroom, and the buyer can use the room as a bedroom, as I've stated multiple times. What might attract sanction is marketing the room as a bedroom knowing that there are no related building regulations. That brings the risk of misrepresentation, and worse, in the admittedly unlikely event of personal injury due to the use of the room as a bedroom by the buyer, a lawsuit.

Again, you really should read my posts before commenting, and accept you were wrong in stating that the words I quoted were are not in the Act, rather than pretending you were referring to some other words when it's blatantly obvious you were not.

Section62 said:

Chief_of_Staffy said:

It's literally the first sentence of the Act. Building regulations are to...

secur[e] the health, safety, welfare and convenience of persons in or about buildings and of others who may be affected by buildings or matters connected with buildings

Those words appear in a google search result for "The Building Act", but certainly aren't "literally the first sentence of the Act".

vic_sf49

Market it as a 3 bed, and make sure there's a good floor plan. People can decide for themselves then.

There's a similar-ish layout in properties in areas of Greater Manchester, where the 3rd bedroom is accessed through the 2nd. (All on the same floor though, vs your loft set up). 

Doesn't stop them being used as bedrooms, especially if the kids are younger.

Grumpy_chap

Chief_of_Staffy said:

What might attract sanction is marketing the room as a bedroom knowing that there are no related building regulations. That brings the risk of misrepresentation, and worse, in the admittedly unlikely event of personal injury due to the use of the room as a bedroom by the buyer, a lawsuit.

Absolutely nothing of the sort!

Your interpretation of Building Regulations would render any home constructed prior to The Building Regulations 2010 uninhabitable and unsellable.

MeteredOut

Chief_of_Staffy said:

Section62 said:

Skint_yet_Again said:

Certainly got the OP confused 😵‍💫 🤯🤦‍♀️

Don't worry, what is being claimed isn't correct.  You don't need to provide proof a room can be used as a bedroom for it to be legally used as a bedroom.

It's a good job I never claimed that. The seller can use the room as a bedroom, and the buyer can use the room as a bedroom, as I've stated multiple times. What might attract sanction is marketing the room as a bedroom knowing that there are no related building regulations. That brings the risk of misrepresentation, and worse, in the admittedly unlikely event of personal injury due to the use of the room as a bedroom by the buyer, a lawsuit.

Again, you really should read my posts before commenting, and accept you were wrong in stating that the words I quoted were are not in the Act, rather than pretending you were referring to some other words when it's blatantly obvious you were not.

Who is going to sanction the seller?

And can you give one example of a lawsuit taking place due to a bedroom being marketed as such and because there are no building regulations?

Or is your concern on behalf of the OP purely theoretical?

Chief_of_Staffy

Grumpy_chap said:

Chief_of_Staffy said:

What might attract sanction is marketing the room as a bedroom knowing that there are no related building regulations. That brings the risk of misrepresentation, and worse, in the admittedly unlikely event of personal injury due to the use of the room as a bedroom by the buyer, a lawsuit.

Absolutely nothing of the sort!

Your interpretation of Building Regulations would render any home constructed prior to The Building Regulations 2010 uninhabitable and unsellable.

Amazingly enough, there were building regulations prior to this, enforcing basically the same legislation in this area for 60 years.

Tresinia511

Sya, i have been reading this thread and it's enough to give anyone a headache. 
1. I bought a house which was 2 bed original  build.  An extension  was added downstairs,  original  use was laundry. Later, a wet room was added behind it and her disabled husband used it as a ground floor bedroom with accessible bathroom. 
2. When I bought it, was sold as a 2/3 bed, with 2 bathrooms and the added bonus of flexible accommodation. 
3. No clue what's changed in the intervening years but what I would do is cut through all the noise on here and ignore the threats of impending penalties if you dare go and look at some old archive records!
4. Use the professionals.  They have the experience.  Forums you just get opinions and armchair experts. Ask the estate agent the best way to advertise it. Probably  2/3 bed, eg 2 bed with loft extension. Ask them if it matters about the access to the room.  I expect if it's declared then that's that. 
5. Have a conversation with the insurers and say " the house has always been insured as a 3 bed but I'm telling you now that  it's technically a 2 bed with a loft extension.  Which is only accessible from another bedroom.  And let them decide.  Forums can be great but too many 'expert' opinions just boil your head. 
Let the professionals  tahr the strain.  That's what they get paid for.  Get 3 quotes from different EAs and the house will sell despite it's quirky nature.  Although it's possible  some one might think they can get a bargain as it's extended in a non traditional way.  But there are loads and loads of weird extensions and I can't believe the EA won't have seen it all before. 

Chief_of_Staffy

Tresinia511 said:

Ask the estate agent the best way to advertise it. Probably  2/3 bed, eg 2 bed with loft extension. Ask them if it matters about the access to the room.

OP's second post

"The estate agent has said they cannot market as a 3 bed without evidence of planning."

Tresinia511

Chief_of_staffy , I'm not sure that EA is correct which is why she should get more than one opinion.  And every post on here is opinion not legal advice.  If it were me,  I would  engage a solicitor to be clear

Skint_yet_Again

Thanks Tresinia 😊

Any information received on these forums has been checked against reliable/ gov sources online before following it, apart from the estate agents 2bed / 3bed situation. I realise we will need a solicitor especially regarding the house sale & we are intending on appointing one before marketing the house.