Estate agent marketing 3 bed as 4 bed

[CamdenTownie]

Hi everyone,

We've had an offer accepted on a property and as far as we were aware up until today it had 4 official bedrooms, including a loft conversion.

The estate agent has just called and said that when the survey takes place it will only be classed as a 3 bed as the loft doesn't have building regs.

I don't know what to do, I certainly wouldn't pay £475000 for a 3 bed property, and I won't have any cash left after the purchase to get it passed, I do love the house but obviously I'll only be able to sell it on as a 3 bed.

I'm both cross and upset, I feel I've been misled as well f it was marketed as a 3 bed I wouldn't have even considered it. I'm not even sure if it would be safe for one of the children to use as a bedroom.

My brother has suggested making an offer now based on the fact that it is officially a 3 bed, I don't even know what that would be?

It's going to be a problem if we pull out as we have a buyer in place and I don't want to lose them.

Anyone have any advice?

Thanks

When was the loft converted? If it was early 1980s, building regs hadn't been brought in therefore there is no issue.

Alternatively, an indemnity against enforcement can be purchased and if the loft was converted more than ten years ago I think it is the case that building control can't enforce building regs.

You need to weigh up whether it is safe, but it sounds as though you have made your mind up.

or ask them to get the building regs done before completion.

I would do some research about what similar 3 bed properties have sold for and make a new offer based on that.
The vendor is having you on by trying to sell it as a 4 bed if the attic has no building regs! It should have been advertised as such.

They has missed sold the property and any reputable estate agent will be aware of their obligations.

They have done this to get someone in exactly the position you are now in. Committed, in a chain and concerned about pulling out.

When was the conversion done? Main question is safety, I personally wouldn't want to sleep in an illegal conversion which can also cause issues for insurance. Personally I would walk away and try and recover your costs from the agents for breach of their obligations.

Blankscreen- what are their obligations? I know it was built by the vendors and they've been there since 1999.

I really don't know what to do, I love the house but think I'm being ripped off - nobody mentioned it is officially a 3 bed until the survey was booked and then it was just a quick message.

What do I say to the agent? Is it worth the price if it's only a 3 bed? What reduction would you expect for the loss of a bedroom?

I'm so confused 🤷‍♀️

In my parts the difference between a 3 and 4 bed is around 15/20 % so I’d definitely be adjusting my offer.

Get a builder in to look at it and see why they didn’t get regs.

Most the time people don’t do things to regs is because.

A) they’re cheap skates and didn’t want to reinforce floor to do it properly.

B) they put the staircase in the wrong location with the incorrect ceiling height just because it worked best not because it was the correct/safe location.

C) it was done years ago as a hobby room and another person has come along decorated and put in a skylight and called it a bedroom...

If either of the above it’s usually quicker and cheaper to rip it all out and start again.

It’s rare a loft extension is done to regs for a cheap reason as the previous owners would of surely done it right in the 1st place if that were the case.

100% get a builder in pronto

If it doesn't have building regs you don't know how safe it is, the fire risk, insulation, flooring, I would ask why they didn't have it done then walk away. You'll find somewhere else, if there's no mention of it in the e.a. details then it sounds very sneaky.

Wowfudge is correct It wont be a problem if it was before building regs unless it is an extension which would not pass regs now ( i.e due to roof height ) we had the same issue with a garage conversion (it used to be one of those where the garage was part of the house and had been converted to bedroom) in the house currently live in .. However do check with your solicitor . Ours does have the correct bedrooms listed even though one of them was the former garage .

As a guess I'd say it's the ceiling height that's the problem, although I'm not certain.

I think we'll have to call the agent tomorrow and see what he has to say, not sure it'll be valued at the current price by the bank. It has had lots of work done and is beautiful but I don't think that warrants 100k added value.

Lawmakers I know it was done after 1999 as the current owners did it and that's when they moved in.

Safety is a concern but I also have worries about selling it on In the future, I wouldn't want to lie and market it as 4 beds when it's actually 3 and a loft room without building regs!

Sounds dodgy - seller needs to put this right or accept a lower offer on the basis of a 3-bed (and that fact that you will have to deal with the building regs issue later). Agent should not have marketed as 3 bed if he was aware of this. Sounds like he was - I'd report him (check website for details of professional body/ombudsman).

Was it advertised as having potential for 4th bedroom, if it doesnt meet regulations it can't be called a bedroom, maybe a storage area.

Get on right move and look at the price of 3 bed houses. Also check the sold house prices section by putting in the property you are currently buying in the search box. Go back 6 to 9 months. That should help you get a idea of 3 bed prices.

I would actually be quite blunt with the agent. You have been mis sold or they have at least mis represented the property. We have viewed similar sounding properties in the past and they have said on the details it is a lift room with no regs that's COULD be used as a 4th bedroom etc etc. Never should it have been advertised as 4 beds.
If you do pull out and incur any expenses I would be expecting the mis representing estate agent to foot the bills.
I would be suspicious that this has been a deliberate ploy unknowing full well people are reluctant to pull out once conveyancing and surveys have started.

The agent should have clarified this with the vendor. It's quite common for loft conversions to only be used for eg a study or a hobby room as they don't comply to building regs. I'd be pretty cross with them.

You also have to ask yourself the question if they have done the loft on the cheap what else has been done on the cheap?

Couple by me had trouble selling their 3 bedroom with “ ensuite loft room” ended up selling it for 10k less than an identical house with no loft room. You could tell by the pictures the ceiling was far below the required height so would never get building regs but looked the business. Worked for them but devalued their house.

Go back and check rightmove first. What does it say? Ours was listed as a 3 bed but the description said 4.... EAs are cheeky as f*ck.

Then try to ascertain whether the vendor told them to list it as a 4, or whether the EA suggested it.

Then reduce your offer and make sure they know why.

Don't buy it out of sympathy to your buyer. You could lose out massively. They're trying it on in the hope you won't complain.

The survey will not clear it as a 4th bedroom so don't waste money having a survey done. You can find the building reg information online, if it doesnt match up then it will never pass a survey. You could find yourself having to dismantle it in the future. I would report the e.a. If they have deliberately misled you.

I still think about the house we didn't buy because the loft conversion did not have building regulations. It would have been costly to have the work assessed ie RSJ's and the windows and access would not have passed. Yours should have been advertised as a loft room and not a bedroom.

There is no point getting an indemnity- it would be invalid if you were aware it needed building regs, and clearly you are aware.

Don't take it lightly. It can be expensive to resolve, but is important to make sure it's right. The biggest issues with most illegal loft conversions is fire escape/detection.

Most companies won't lend on a property with unauthorised work.

If you really love the house, insist on them either reducing the price significantly, or let them do the hard work of submitting a regularisation application to the council and carrying out any remedial work at their own cost.

Sorry, that's meant to say mortgage companies

If you want to sell you won't get the price you paid as you can't sell as 4 bed.
Lower your price more in line with similar 3 beds in the area.
Do you know why it doesn't have building regs?
Also, not really relevant but you'll have to insure it as a 4 bed even without building regs.

Thanks for all the useful advice, I'm going to contact the estate agent and see what he has to say for himself- it was 100% advertised as a four bed on rightmove, quite deceitful to then tell us there are no building regs!

I'd be even more worried if it has an ensuite, am dying to know where this is

I'd certainly go straight back and say you've been deliberately misled and that you would never have considered it as a 3 bed house. And then see what they say.