Cellar conversion - building regulations?

[tterrab]

I have had an offer accepted on a house. The property has a converted cellar (study, utility room and toilet). When we viewed the property, the agent said the vendor had building regulations for the conversion. We have since found out that it does not have building regulations. I didn't think it did as its a small terrace and it was a very narrow stairwell without proper fire doors. That being said, it was converted in 2010 and there was no issues with damp etc. The house was in a good condition overall. There was also a window in the cellar which could potentially be used as emergency exit from the house.

My question is...is it common for a converted cellar not to have building regulations? Not many houses on the street have converted their cellars - they are small terraces though so I doubt full building regulations could even be met?

We are first time buyers. Will our lender have a problem with no building regulations for the cellar? This is a question we are going to ask our solicitor ASAP. I've heard we may have to get an indemnity policy for this?

A same sized house on the street has recently sold for £281,000. It was really nice internally and had open plan kitchen/diner, but the cellar was not converted. We have offered £285,000. We thought we were getting a good deal. Our house is in good condition, no open plan kitchen/diner, but we have good cellar space for a study and separate utility room (adding about 20 sq m of carpeted space).

Would you run a mile for not having building regs?

Any info anyone has would be really useful.

I would call the local council and ask them about the legalities pertaining to the cellar and it’s conversion. You may need building regs is the seller has drastically changed the use for example from storage to utility but each council may view this differently. Also like lofts that are converted without following building regs it is then classed as a usable space rather then a habitable room. Worse case scenario is you will also have a ‘useable space. TBH, you sound like your getting a bargain and I would not be put off by this given the other positives.

I bought a house with an extension that had been built without consulting building control or even had any planning permission (not usually required for a basement conversion). My solicitors arranged insurance for about £250 one off payment in case the council ever insisted it was taken away or brought up to regs. The only problem I encountered was that the extension didn't add any value when the house was sold. You could always call building control in at a later date and just put right anything he picks up on.

Yes, it needs it. Northampton Borough Council has an excellent guide on Building Regs for conversion of Cellars. It’s easy to understand.

From what you say, yours falls foul on several counts because it is a habitable space. Possibly more things haven’t been considered because you cannot see them.

The stairs should be standard width stairs and there should be ventilation and a fire escape. There may also be issues around fire proof materials. Has it been tanked effectively? I would wonder where the sewers are in relation to the loo in the cellar. Is the waste pumped up the the main sewer? I assume there is also a sink? How is the drainage managed?

I would not offer more money for this. I would offer less. You may want to consider putting things right. Especially fire escapes and the stairs and any lack of fire retardant materials. Get a detailed survey if you do go ahead.

If you call the council do not discuss a specific property, make it an enquiry about cellar conversions in general. Otherwise it will not be possible for the vendor to arrange indemnity insurance at a later date.

@Leobynature Unless something has changed in the last few years a cellar converted to be used as a utility room does not require building regulation approval. It's only when it is used as habitable space that building regs become necessary.

Thanks guys.

I spoke to my solicitor, he said it wasn't a big problem as a lot of basement conversions don't have building regs. My builder also said this too. Looks like we can get an indemnity policy if anything goes wrong.

The vendor has also given me the details of the building contractor who took out the work in 2010. So I have signed documents by the vendor and the company, and what work was undertaken. Includes tanking, insulation etc at a cost of £16,000. If I come to sell the house it will obviously not be the same as having building regs, but potentially could give the next buyer piece of mind.

I think we are paying a bit more for having the converted cellar. As i said previously, we are paying £285k and another similar house recently sold for £281k without the converted cellar. That was also 6 months ago and house prices in the area are going up. I guess I will just have to wait for the building survey to see if anything is flagged up.

As the cellar is advertised as a study and not just a utility, it does require building regs. A study is habitable space. However, if you are happy, then that’s fine. I would read the survey carefully.

Did they dig down at all? If so then you absolutely need building regs approval. Even just a foot or so of extra depth needs underpinning (according to our architect) otherwise it undermines the foundations.

If you don't know whether they dug down then I would err on the side of caution.

What kind of survey are you having? And will you be able to explain the cellar issue to the surveyor so he/she pays extra attention to that area?