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Original poster

To pull out of sale or re-negotiate?????

27 replies

Lowri87 · 02/09/2021 23:28

Please help!!!!!
We are in the process of buying a house which we payed full asking price.
Searches have come back and flagged ip that the loft conversion does not meet building regs due to the velux windows,
The conservatory doors which separate from the main house also do not meet building regs, building regs also state the utility needs an extractor fitted.
So basically the above 3 issues need to be done in order to have final sign off.

It is valued as the loft room being the 3rd bedroom and it is a massive room.

Do we re negotiate the price and if so how much?

Walk away?

I am due to have second baby in 3 weeks time and our buying and selling situation has fallen through 3 times to date :(
Was really hoping to moved and settled but it just isn't going to happen is it :(
Is also probate!!!!

OP posts:

Motherofcats007 · 02/09/2021 23:31

Get some quotes from tradesmen to put the bits right to pass building control so you know how much to try and knock off the price

maofteens · 02/09/2021 23:42

The extractor is not much of an issue nor are the doors (of they need to be external with external locks for example)?
The loft not having been sign off cannot be considered a bedroom, so how much to put the velux right? It doesn't sound like that much actual.money, but it also the hassle of doing it when you are with a newborn.
Do as pp said, get quotes in for the work then renegotiate.

HeddaGarbled · 02/09/2021 23:43

Surveyors’ reports are always ultra-cautious and building regs change over time, so that things which were fine when done, now need updating but are not serious hazards.

I’d want to know what exactly is wrong with the windows and doors, but suspect that these are things that you can update yourselves in due course, without any need to renegotiate.

Netaporter · 03/09/2021 03:00

@Lowri87 is it the searches or a survey that has flagged up the issues? what does your lender valuation report say? Do they agree with the price you have offered? Do they value the house as a 3 bed or 2? If it is the latter you really should renegotiate as it materially changes the proposition of the house you made the offer on. Not complying with building regs is something you can try and rectify (get costs for both points) or you can ask the vendor to pay for an indemnification policy to cover you should the building regs be enforced at a later date.

HidingFromDD · 03/09/2021 05:10

Firstly, do they have building regs sign off for the loft room? Building regs change over time so it’s possibly a genuine third room but wouldn’t meet current regs. If it’s not been signed off then has the surveyor valued it lower than needed for the mortgage? Suggest you phone the surveyor and ask. They’ll often give a much more honest opinion that way

icklekid · 03/09/2021 05:15

Did you offer asking price because there was a lot of interest? It might well be they walk away and get more if market has improved since you offered. If you would be happy to find somewhere else because the work needed is going to cost too much that’s fine but always the risk. If probate sale they might not be desperate to sell quickly?

Why not share the survey with sellers see if they would get work costed or would be happy for you to and go from there? Might be you split the cost to take half off the offer?

mayblossominapril · 03/09/2021 05:46

The conservatory doors and extractor fan wouldn’t bother me as they are easily rectified.
Be careful of the loft not meeting building regs as it will cause problems when you want to sell again and they will have valued it as a three bed. Probate makes it more difficult. Not sure they will knock anything off so it’s either price it and sort it or walk away.

lannistunut · 03/09/2021 05:49

Be glad you found this as it will cause issues if you try to sell. Your surveyor should give an estimate of costs for putting these things right.

Yes, you should try to renegotiate costs as your offer was based on 3 beds but you are in fact buying a 2 bed with loft room, not the same.

Bluntness100 · 03/09/2021 06:48

What do you mean doesn’t meet building regs? Current or the ones at the time? They wouldn’t meet current and aren’t expected to. They should have met whatever was in place at the time.

The other two are irrelevant.

lannistunut · 03/09/2021 06:53

@Bluntness100

What do you mean doesn’t meet building regs? Current or the ones at the time? They wouldn’t meet current and aren’t expected to. They should have met whatever was in place at the time.

The other two are irrelevant.

If it is being sold as a three bed, all bedrooms need to meet current building regs. It is not irrelevant at all as a three bed costs more.

Lulu1919 · 03/09/2021 07:00

The velux in bedroom possibly needs to be at a lower level ..well at least one of them to enable a fireman's ladder to reach it ....the base of our velux in the bathroom in the loft is floor level and has a different latch ( wrong word ) ...not so easy to change if it means making a hole in your roof ...get a quote

Miliao · 03/09/2021 07:15

Will you still be able to get your mortgage offer with the survey/valuation?

Original poster

Lowri87 · 03/09/2021 08:09

We haven't had a survey it came up in the searches. And yes it is being marketed as a 3 bed as in the loft as an actual bedroom. The building regs that was rejected is based on then as in 2008 when the work was done.

OP posts:

SW1amp · 03/09/2021 08:14

When is your survey being done?

You need to get a coat for rectifying the window and getting retrospective building regs, and can ask for that money to be held back
But if you’ve offered on a 3 bed and the surveyor values it as a 2 bed, you may will have a bigger issue with your mortgage company, depending on your LTV

MadeForThis · 03/09/2021 08:14

It can't be marketed as a 3 bed then.

If you need to bring it up to standard I'm pretty sure you would need to meet current building regulations. This could be costly. You have to wonder why they didn't do this in 2008!

Magstermay · 03/09/2021 08:19

As pp said the doors and extractor wouldn’t bother me too much in comparison to the loft room. If it never had building regs sign off then it is not a bedroom and shouldn’t be priced as such. I would ask the vendors about the building regs and see what they say.
If confirmed that it has not been signed off then it is firstly up to you if you still want the house (I believe if you wanted to get building regs signed off now it would have to meet current requirements not the ones at time of conversion) and if so to negotiate a discount as it is now a 2 bed with loft room.

If it’s probate the sellers may not be aware of any of this and will have the same problem if they try and sell again.

Daftasabroom · 03/09/2021 08:29

Mostly sounds like fire regs and they haven't changed much in years. The Velux would need to be changed to allow a method of escape. Doors to fire doors or change windows to MoE.

Get a builder or two to give an estimate and double it to cover your hassle.

lannistunut · 03/09/2021 09:05

@Lowri87

Do not buy it without a survey - if it doesn't meet building regs from the time it was built you need to get it checked properly. It could have more issues than just windows etc. If it met 1998 building regs you would have some security it was properly constructed.

You have offered a 3-bed price for a 2-bed house.

lannistunut · 03/09/2021 09:07

Sorry 2008!

Heronwatcher · 03/09/2021 09:38

What’s wrong with the loft? If it’s just a case of getting a different type of window then that’s not really a major issue. If it’s that the stairs are too steep/ not safe or the head height isn’t enough then yes that’s a big issue and I would expect a reduction. The other issues seem minor. Remember lack of building regs doesn’t stop you living in it (unless actually unsafe which doesn’t sound the case here) although ideally you’d want to get them sorted before you sell yourself (if you’re planning on doing work this may happen anyway).

Heronwatcher · 03/09/2021 09:40

And yes in your position I’d be getting my own survey ASAP, raising the issues with the seller to see what they say (before you suggest a reduction) and once you know what’s wrong getting quotes to rectify. Only then would I consider negotiating on price.

TakeYourFinalPosition · 03/09/2021 09:46

Were you planning a buildings survey?

I’m guessing not if you were hoping to be done in three weeks… but I think that’s the next step here. That said; they probably won’t give more information on the building regs than what you’ve got, just whether the construction overall is sound and what you need to be aware of.

Has the seller told you what needs to be done? Or does the rejection paperwork from 2018 specify that?

Lowri87 · 03/09/2021 20:59

This reply has been deleted

Message withdrawn at poster's request.

pianolessons1 · 03/09/2021 21:02

Only fools buy a house without a full structural survey so get that next then make your decisions.

GU24Mum · 03/09/2021 21:17

OP, are you sure that there isn't also a completion certificate or did the seller definitely not do the rectification works?

Building regs broadly cover safety, structural and more general enviro type things. Safety is the main one so I don't think I'd want to spend any more
money before seeing what the seller says and what he/she will do.

it might all be quite a bit of hassle so far as the loft is concerned though.....

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