Buying a house with a removed non-approved extension

[DavidTG]

Hi all,
We are in the last steps of buying a house but we have found some problem with the loft.
The current sellers already informed us that the loft was previously illegaly converted into a bedroom. When they bought the house, their seller removed the stairs. As the surveyor did not flag anything, we did not think that was a problem.
However, in the last report provided by the convenyancer, he told us any change such as the installation of a radiator may need planning permision. Basically, it has a window, radiator and electricity. We are worried about:
a) Possible liability in the future
b) Would it affect a potential loft extension planning request?
c) Consequences with the insurance.
Any advise would be appreciated.

David

I don't think the presence of a radiator and window would impact the insurance, as the absence of stairs means it could not be categorised as a bedroom. But with insurance it's always best to be as honest as possible, so I'd just give them a ring and ask for confirmation.

As regards the planning issue, I think you need to ask for the vendors to pay for an indemnity policy, but ask your solicitor to confirm this. This is inexpensive so shouldn't be an issue. Again, the removal of the stairs is probably enough evidence that anything illegal has been corrected, but an indemnity would protect you if it ever comes up in the future. The catch is that if you ask the council for advice, you can no longer be covered by an indemnity policy.

For the future, should you wish to convert the space and use it as a bedroom, the fact that permission was refused retrospectively (I assume) on a previous occasion may mean you would struggle to get approval, so if you are buying based on that possibility and / or the price is too high for a house with the existing number of bedrooms, it may be time to think again. Have any of the other houses in the street got loft conversions?

Thanks for your answer. Will definitely tell my solicitor about that option.

Most of the houses in the street actually have the extension. The previous owner was a contractor and probably preferred to take some shortcuts. Thanks for the advise!

The fact that others have extensions means it's unlikely that permission would be refused, which is encouraging.

Just an additional thought... If the previous owner was a cowboy, I'd be sure to ask your surveyor to pay particular attention to the loft, in case he removed any support beams that he shouldn't have. Although I note you say you are in the last steps, so presumably the survey didn't flag anything?