Buying a house that has no building regs or certificates for loft conversion or log burner

Whalerain489

The house I'm buying has a loft conversion that was done before the current owners and the current owners installed the log burner. It was last sold in 2021. Loft isn't being used as a bedroom, has proper stairs and a window but is being used as a habital room. Log burner is newish, not sure when it was installed or who by.

My solicitor has asked if the sellers would have the local authority come out and sign the loft off in accordance with building regulations. If they refuse they will ask if they will get indemnity insurance but the lender will have to sign this off.

Indemnity insurance is suitable for the log burner and they have asked the sellers to provide one.

Since the loft was already converted pre the current sellers, wouldn't they have had to take out indemnity insurance for this as well?

Is the lender likely to sign off and agree to an indemnity policy? Will this hold up the sale?

stuart45

If I was buying a property without regs I wouldn't accept an indemnity policy. All it does is to protect you in the unlikely event of the council giving you an enforcement notice, which will probably be voided anyway if the council are informed. It won't protect you against faulty workmanship. If people want to get work done without regs they should expect problems when they come to sell.

user1977

How long ago is "pre the current owners"? Do you have any idea of how old the loft conversion is?

Whalerain489

https://forums.moneysavingexpert.com/discussion/comment/81957963#Comment_81957963

The property has had 3 sales since 1999 on zoopla, one in 1999, one in 2007 and one in 2021. On Google earth I can see a satellite image of the house in 2008 showing the window in the roof. I cant see any earlier due to the image quality. I might be able to see a blury square in the 2005 image but it's hard to tell because it's so grainy and blury but it matches the location of the window in the roof but it could even just be a dark blur.

GDB2222

Have you had a full structural survey?

MysteryMe

You are looking at a property which on face value has some red flags. They may not be red flags after proper inspection, a bit of paper is not going to suffice and certainly wont protect you in worst case scenario of a dangerously installed wood burner. Get an adequate survey done and insist the vendors apply for a regularisation certificate from building control, if they used a suitably qualified installer for example HETAS, they may be able to self certify the installation and it's a case that they just forgot to issue the paperwork

Albermarle

Was the loft room included in the estate agents marketing as a bedroom. In other words did you base your price offer on the loft room counting as a bedroom? If so then you have over offered, as it effectively is not one.

You will have all the same issues when you resell.

My solicitor has asked if the sellers would have the local authority come out and sign the loft off in accordance with building regulations. If they refuse they will ask if they will get indemnity insurance but the lender will have to sign this off

To get building control sign off, the inspector would have to cause damage to the property as they need to see that it was constructed properly. So they will have to dig holes in the plaster etc.

A loft conversion is a significant alteration to a property, and needs to be built to proper plans drawn up by a structural engineer. If it was done properly costing tens of thousands of Pounds, why did somebody not get BC signoff which costs a few Hundred Pounds ?

Silvertabby

https://forums.moneysavingexpert.com/discussion/comment/81958441#Comment_81958441

A family member viewed a property with what sounds like a similar problem. Their surveyor said that, in his view, the loft could only be classed as a storage attic, and the house priced accordingly. The vendors didn't agree, so they didn't buy.

theartfullodger

If the price is low enough, buy. Otherwise, walk away.

I've bought ex-repo properties (pretty much no paperwork, one had a collapsing concrete balcony - but then a) looked like a reasonable gamble &

b) I could afford a significant financial surprise.

Do you gamble in your life?? If not, walk away

Albermarle

https://forums.moneysavingexpert.com/discussion/comment/81958597#Comment_81958597

One issue is that different estate agents also behave differently in these situations. Some will just class it as a bedroom, either through ignorance, or to make the house sound better and hope the buyer does not get too stressed when there is no paperwork. Others will ask to the Vendor for the paperwork in advance before advertising it as a bedroom, although I suspect not many do this.

I think without the paperwork, it should not be advertised even as an home office, hobby room etc. even though in this case they have a proper staircase.