Abandoning a regularisation certificate application

JollyOldBear

Hi, I recently purchased a home in Bristol (within the South Gloucestershire County Council area). During conveyance I was informed that the loft conversion was not built to building regulations.

Stupidly, at the time, I did not get an indemnity policy. Even more stupidly, I later contacted the council regarding the conversion, making them aware of its existence and lack of regulations. I started a regularisation certificate application, and a man from building control came round and wrote a letter regarding areas that it fell short (I want to let out the room to a lodger, further complicating things)

The builders who converted the loft had actually done a pretty good job, and a structural engineer signed off on the structural side. A builder visited the property, and said that the remaining work, including moving a door that opens over a downwards step, and removing a header beam above the stairway, could be costly and difficult to do.

The builder also suggested that I might simply stop liaising with the council, as the conversion was not deemed dangerous, and the chances of them actually enforcing reverting the space to a non-habitable room are low. I’m not sure how to proceed. On the one hand I just want to get the work done, however costly, and get the regularisation certificate. I would need to do this before selling the property in the future anyway. On the other hand, fixing the staircase may prove a big job, including moving walls and doorways of other rooms. Does anyone have any advice on the next steps I should take?

singhini

i have no experience or knowledge on this subject but i would be tempted to:

(A) Get a second builder’s opinion or a specialist loft conversion company (Non-specialist builders sometimes overestimate difficulty. Loft-conversion firms might know clever workarounds).
(B) Ask Building Control whether any of the items can be resolved with “reasonable provision” rather than full reconstruction (i'm guessing for lofts in older houses, stair compliance might often be relaxed if alteration is disproportionately costly)?

Other thoughts:

(1) I'm guessing your aware that you will not be able to get indemnity insurance now the council is aware.

(2) Building Regulations enforcement for historic work is time-limited (Enforcement notices requiring work to be taken down or altered must be served within 12 months of the date the work was completed), Building Control can theoretically seek an injunction for dangerous work, but this is reserved for imminent safety hazards, not minor staircase / headroom / doorway issues. Your inspector already said it’s “not dangerous,” which is a strong sign of low enforcement risk IMHO.

(3) You live in the loft and rent your bedroom (a workaround to renting a room)

As i said, ive not a clue and bow down to others in the know. 

Section62

singhini said:

...
(B) Ask Building Control whether any of the items can be resolved with “reasonable provision” rather than full reconstruction (i'm guessing for lofts in older houses, stair compliance might often be relaxed if alteration is disproportionately costly)?
...

Since Grenfell BCOs are less keen to put themselves personally on the line by signing off substandard work.  OP might get lucky, and since the council is already aware it can't do any harm to ask.  They are also the only people who would know what would happen to the regularisation application if the work doesn't get done.  My guess is a 'not completed' record would sit on the database, and possibly be a red flag for a future buyer/lender.

singhini said:

...
(2) Building Regulations enforcement for historic work is time-limited (Enforcement notices requiring work to be taken down or altered must be served within 12 months of the date the work was completed), Building Control can theoretically seek an injunction for dangerous work, but this is reserved for imminent safety hazards, not minor staircase / headroom / doorway issues. Your inspector already said it’s “not dangerous,” which is a strong sign of low enforcement risk IMHO.
...

The enforcement time limit has been 10 years for work completed after September 2023.

I'd class a doorway opening directly onto a stairway as a safety issue.

lincroft1710

You have a choice

either

1) Get the necessary work done regardless of cost

or

2) Leave everything as it is and you sleep in the loft room and any lodger can have a proper bedroom and when you come to sell describe it as "loft room, non habitable"