Bad survey returned on Xmas Eve. All red no building regs now what?!

[Teacups27]

After months of searching I had an offer accepting in September. I was told it’s tired and in need of modernisation but the attic room had all essential permissions. There’s not many/ any houses coming up in the area so I was feeling pleased with my choice, a slightly better house than I thought I could get.

Fast forward to Xmas eve and I get a survey that says basically it has everything but subsidence. And the loft conversion has not been signed off with building regs.

We have a chain of five behind us who’ve all spent a load of money now and are ready to move. And we’ve just wasted over £1000. I’d never have gone for a house that’s not signed off.

Do I hope they get signed off with building regulations?

Negotiate on price?

Run?

**Will it be hard to get a mortgage again after getting accepted for this and it falling through?

I bought a house with an “attic room”. Tbf they were always upfront about it not being done to regs.

In our next house we got a loft conversion done to regs and all fine but it is a lot of hassle getting the various tickboxes sorted. I can see why some people don’t bother - doesn’t mean it’s unsafe.

That in itself would not bother me, but I’d be pissed off it I had been led to believed it was signed off. Gives you a reason to reduce your offer.

Some really helpful advice on here, thanks (even though I'm not the OP).

@sleepyhoglet the outbuilding is a four berth garage built around 10 years ago. There is planning permission although I note that the final building doesn't match the drawings, which was of course conditional for planning. Building regs tried to inspect in 2017, probably about 6/7 years after build. They were quite clear that they would not bother after that, which made the indemnity both unnecessary really but also we felt worth it for a guarantee that the lender would go ahead and everyone happy. We are likely to either demolish or rebuild so that had a bearing for us.

OP if the building is listed, your vendors should be providing Listed Building Consent for any alterations or repairs they have done to the property since listing, for work inside and out. If they haven’t got this, your lender may insist they resolve it before proceeding, or you may be able to apply for regularisation after purchase. Any alterations or repairs you want to make will also need LBC. It should not cost anything but it can be time consuming to obtain and you will have to use traditional materials, which can be more expensive. This is a good read: historicengland.org.uk/advice/your-home/owning-historic-property/

OP As others have said, indenity insurances are often very, very limited.
Also, if - heaven forfend - anything bad were to happen while you were using the attic room as a bedroom, what would the position be re your general house insurance? You most definitely need to check. And - really seriously - building regs. fire regs etcare there for a purpose. They are designed to protect you and your family. Obviously, it's your choice, but I wouldn't put a child in a space that was not said by building regs to be safe.

I can spell indemnity - sorry.

@scottishnames - Good post - I have had neighbours who think Building Regs are something which stops them doing their house how they want to - i.e. put up the wall and demolish once BR signed off. I ( conservative with a small c ) take it as - this is how your house is safe.

But I do get people have been living in house of many years standing which were not subject to BR & fine.

Thank you so much for for your replies. I know it has the okay with the listing (sorry not sure what that’s called, brain freeze), it’s building regs that it are missing. Do you think it will take long to get it certified?

If the house has lots wrong with it, spending £1,000 to walk away will be money well spent. Candid conversation time with surveyor- would they buy it? Also see solicitor - what are you letting yourself in for?

www.myconveyancingspecialist.com/2020/04/09/buying-a-house-with-loft-conversion-without-building-regulations/

Have you raised this with the seller? Are they willing to get a certificate of regularization or to get a structural engineer to verify that the building structure is secure?

Was it advertised as a x bed property which includes the unauthorised rooms as bedrooms? Because if it was there is a problem.

Was the surveyor someone who deals with listed buildings? Damp and roof replacements are different for standard properties so you need someone who knows what they are really talking about when it comes to listed houses.

The problem is, what is holding back the certification? I have had this, and we had to take the room back to rafters and joists, replace roof window, and move stairs below. But we then sold as a four bedroom house and more than made our money back, but it was hell for the six months it went on for and buildings regs staff were very persnickety and arsey and had me in tears.

The problem was that insulation under the roof tiles was wrong, and the joists weren’t strengthened which meant that no matter what we did, how nicely plastered and carpeted and finished it was, we always would have had to rip it all out to get certified. We bought it for a steal though.

Windows and guttering are really proportionally easy to replace although windows can be expensive. Especially as grade 2 listed.

Tbh, if the roof has issues, that is going to be your big issue, but might make sorting out the attic room easier (you’ll have scaffolding up anyway, for example.