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Loft conversion

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hardypp
hardypp Posts: 1 Newbie
in House buying, renting & selling
Hello,
I would appreciate any advice. We were first time buyers and Naive!
We bought a house approx 6 months ago that was being sold as a 3 bed property. There is a loft conversion with the staircase in the second bedroom. The work was done in the 90s and so the sellers did not have any of the papers/ building regs that went with this. When we contacted the council we were told that because it is over 15 years that it did not need to apply with todays building regs.
The house had a full structural survey with no concerns.
The council have upped our council tax because it is considered a third bedroom.
In light of the above was it appropriate for the estate agents to sell as a three bedroom?
Should we have done differently at the time of buying?
I would think getting a certificate now or getting builders in now would be extremely costly.
Then, applying to the council to consider the house as 2 bedroom rather than three for a lower council tax is surely going to affect the property price when selling.
Happy to explain my ramblings!
Many thanks

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  • dunroving
    dunroving Posts: 1,881 Forumite
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    hardypp wrote: »
    Hello,
    I would appreciate any advice. We were first time buyers and Naive!
    We bought a house approx 6 months ago that was being sold as a 3 bed property. There is a loft conversion with the staircase in the second bedroom. The work was done in the 90s and so the sellers did not have any of the papers/ building regs that went with this. When we contacted the council we were told that because it is over 15 years that it did not need to apply with todays building regs.
    The house had a full structural survey with no concerns.
    The council have upped our council tax because it is considered a third bedroom.
    In light of the above was it appropriate for the estate agents to sell as a three bedroom?
    Should we have done differently at the time of buying?
    I would think getting a certificate now or getting builders in now would be extremely costly.
    Then, applying to the council to consider the house as 2 bedroom     rather than three for a lower council tax is surely going to affect the property price when selling.
    Happy to explain my ramblings!
    Many thanks

    Not sure what you are suggesting here - converting a loft (I call them attics, but hey ho) conversion back to just a loft?
    (Nearly) dunroving
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    Are there similar properties nearby with a loft conversion? If so then are you now in the same band as them?
  • Gary123456790
    Gary123456790 Posts: 638 Forumite
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    Congratulations on buying.

    It sounds like as a FTB you wanted a 3 bed property, found one, bought it, and that an increase in council tax was the only unexpected hiccup.

    I think you should feel proud that you navigated this minefield with only one (fairly minor) unexpected occurrence while you enjoy the house you own, happy that it has had a full structural survey, the council have confirmed that the building work is not missing any certificates and that after 20 years since there are no issues with the loft conversion then you can consider it sound.

    In summary put the kettle on, and enjoy.
  • tyllwyd
    tyllwyd Posts: 5,496 Forumite
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    I'm a bit confused why you think that building regulations approval would affect the council tax band? It seems that the process of buying and enquiring about the third bedroom has triggered the council to revalue the house. If the estate agent advertised the house as a three bedroom house and you bought it on that basis, I don't think you could have any complaint. I guess you might be able to complain that the seller should have warned you that the house was in the wrong council tax band, but I don't know how you would prove that the seller was aware of a problem.
  • lincroft1710
    lincroft1710 Posts: 17,643 Forumite
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    Valuations of dwellings for Council Tax purposes are carried out by the Valuation Office Agency (part of HMRC). They are notified by the council when alterations are carried out to a dwelling, but do not action these until a sale occurs.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • AndyTails
    AndyTails Posts: 153 Forumite
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    Council tax bands are based on the value of a house, not how many bedrooms it has. The value of the house is based on what you paid for it.

    Your only chance to lower the council tax is to devalue your house in some way and then ask for a reassessment of the house's value... and I doubt you want a devalued house, it'd be worth less when you come to sell.
  • CIS
    CIS Posts: 12,260 Forumite
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    The value of the property is based on open market value in a good state of repair - this is to create a common level for valuation (and prevent manipulation of the system).
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Doozergirl
    Doozergirl Posts: 33,813 Forumite
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    Gary123456790 wrote: »
    Congratulations on buying.

    It sounds like as a FTB you wanted a 3 bed property, found one, bought it, and that an increase in council tax was the only unexpected hiccup.

    I think you should feel proud that you navigated this minefield with only one (fairly minor) unexpected occurrence while you enjoy the house you own, happy that it has had a full structural survey, the council have confirmed that the building work is not missing any certificates and that after 20 years since there are no issues with the loft conversion then you can consider it sound.

    In summary put the kettle on, and enjoy.

    I completely agree :)

    There's an improvement marker been put on the property that only kicks in once the property changes hands. The VOA have revalued on the basis of it having three bedrooms. The OP has a three bedroomed house and the council tax band to match,

    If the OP had bought any other three bed house in the same area, it would be the same or similar. There's nothing wrong with the loft conversion and it's absolutely fine for the EA to sell as a three bed. That is what the OP bought,
    Everything that is supposed to be in heaven is already here on earth.
  • Doozergirl
    Doozergirl Posts: 33,813 Forumite
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    AndyTails wrote: »
    Council tax bands are based on the value of a house, not how many bedrooms it has. The value of the house is based on what you paid for it.

    Your only chance to lower the council tax is to devalue your house in some way and then ask for a reassessment of the house's value... and I doubt you want a devalued house, it'd be worth less when you come to sell.

    The council tax band is based on the price in 1991(?). The only way the band increases is if the council thinks that the value (back then) has been *improved upon*. It's the loft that has triggered it. Not current house prices or what the OP paid.
    Everything that is supposed to be in heaven is already here on earth.
  • Doozergirl
    Doozergirl Posts: 33,813 Forumite
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    tyllwyd wrote: »
    I'm a bit confused why you think that building regulations approval would affect the council tax band?

    Possibly the hardcore continent on this board that insist if a loft conversion doesn't have BCA then it isn't a room. Proof here that theory isn't true at all.
    Everything that is supposed to be in heaven is already here on earth.
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