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Loft conversion with no building certification - should we buy this house?

11 replies

Cratos · 15/08/2012 14:43

We put an offer on a property with loft conversion advertised as having 3 additional bedrooms due to the conversion. Our offer was accepted.

We found out from our surveyor today that the roof conversion doesn't seem to comply with Building regulations. In summary our surveyor understands from discussions with the seller and inspection that the roof conversion planning permission was provided for 2 rooms but the owners built 3 rooms after advice from the builder employed due to practical reasons.

Thereafter we suspect no building regulation inspection was carried out and no completion certificate issued. Effectively we believe the council is unaware that the work has been carried out. As to meet regulations the ground floor and first floor doors would need to be self closing and fire resistant (which they aren't), an integrated fire alarm system would need to be fitted and run of the mains, and fire escape regulations would need to be met (which our surveyor suggests have not been met).

We still like the house but we are not sure what to do now. Has anybody had a similar experience recently? Could you give us some advice? Could we use indemnity insurance? How much the work may cost to us if we want to fix it ourselves?

OP posts:
oscarwilde · 15/08/2012 15:20

I'm no expert but I've heard you can do the following:
Make the purchase subject to building regs signing off the work - it could take months, cost the sellers a fortune to put right and you could lose the house to someone else less risk averse.
You can put part of the purchase price into escrow while the permits come through - so the sale proceeds but if the permits are not granted or there is work to rectify, it comes out of your cash which is held by the solicitor. You or they can take responsibility for sorting it out but it is best practice for them to take responsibility as far as I know.
Indemnity insurance - they will need to pay the premium but you will obviously have to go to all the hassle of arguing with the insurance company.
I don't think that the actual number of rooms is an issue so long as the actual conversion hasn't broken planning permission. Building regs is another story. We've just done our loft - you either replace all the doors with firedoors or install an integrated fire alarm system, not both.

Cratos · 15/08/2012 15:38

Great to learn that we dont need to do both. Thank you very much for your advice on our options too.

OP posts:
Sausagedog27 · 15/08/2012 16:03

Hmmm, well firstly the house cannot be recognised as a 3 bed house without building regulations so you should base any offer on a 2bed house and negotiate lower.

It's also not just a case of fire doors etc, you will also need evidence of adequate insulation, strengthening of floors and to find that out can mean quite messy works.

I should say that we bought a house with a non-compliant loft, but house was advertised and valued on that basis. It didn't put us off but it is going to cost a fortune to put right (compliant stair case etc etc). Previous owner did get ideminty insurance policy as part of sale. It makes me cross - for another couple of grand the owners who converted our loft could have done it properly- its going to cost far more than that now for us to put right.

If you still wish to proceed you are in a strong position as if you pulled out the only way they would be able to re-advertise is for a 2bed and value accordingly. But they may withdraw house from the market if it means they can no longer afford to move.

Just don't underestimate the amount of work it will take op if you do go ahead.
For what it's worth building regulations don't give retrospective consent so if the regulations have changed (ie want more insulation) you may well have to upgrade the whole insulation because it was never signed off- even if it was ok at that time.

Good luck!

PigletJohn · 15/08/2012 16:10

No

Nononononononononononononono

No

A house with a non-compliant conversion is worth less than an identical house with no conversion, because you have to allow for the cost of pulling it all out before you start again and do it properly.

oscarwilde · 15/08/2012 16:18

Urgh - on the basis of the two last posts, I would run a mile. It has been a horrendously messy process putting it in.

naturalbaby · 15/08/2012 16:23

As a home owner who jumped through many, many infuriating hoops to ensure we got all necessary inspections, certificates and regulations I'd make the owners of the home you're buying do the same.

Unless you're happy to live in it without the certificate and deal with it if/when you want to move again?

Cratos · 15/08/2012 17:45

Thank you to everybody who provided advice. Actually the house is a 4 bedroom house originally. But they added 3 more rooms to the property by converting the roof. Our surveyor thinks that the flooring and the walls seem ok but he was concerned about the fire escapes. We think we should perhaps get a loft conversion specialist to look at it and tell us how much it may cost to regularise it to make it safe and legal.

OP posts:
mumzy · 15/08/2012 19:11

If you did buy this house without all the necessary sign offs it will affect your buildings and contents insurance

mumzy · 15/08/2012 19:14

Your solicitor will be able to find out whether the conversion is legal and above board. They should also advise you of any possible consequences should you buy and this is not the case

Sausagedog27 · 15/08/2012 19:16

Thanks for update op, just to say that you will need to prove to building control about walls and floor etc so will have to open up etc to do that, a surveyors say so isn't usually enough- we are going to have to do the same! Nightmare.

Go into it with your eyes open if you do it, getting a specialist is a good idea, I would also suggest talking to building control as well.

Good luck!

Lizcat · 15/08/2012 19:29

Could be whole can of worms know someone who bought in this situation took of plasterboard to find joists had just been - to cut long story short had to spend thousands strengthen roof to prevent serious structural damage.

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