Loft conversion planning

[ProssecoParent]

Currently at the end stages of purchasing a 3 bedroom house one of the bedrooms is a loft conversion. An issue has been found regarding the loft conversion. My solicitors saying that the sellers are refusing to provide planning permissions or a suitable building regulations indemnity policy to cover the loft. Im stressed out now as I don’t know what to do. The sellers claim that they didn’t do the loft conversion so they don’t have any info or papers for it but when they purchased the house didn’t they ask about the loft conversion? And regarding the indemnity policy which I don’t understand much about but from google I’m guessing someone comes to check if the loft is safe and gives you paperwork? Correct me if I’m wrong. Also I’ve tried getting in contact with my solicitors three times today with no success otherwise I’d be asking them. But they’re also refusing to do that even though from looking on Google it doesn’t cost very much to do so money obviously isn’t an issue but I’m wondering if they’ve already tried doing it and found out it’s not safe? I don’t know what to do and looking for advice. This is obviously all very off putting and if I’d found this out at the start I’d look for somewhere else however we’re literally 5 months in and I’m exhausted. Will the bank even mortgage the house without planning permission?

You don't always need planning permission for a loft conversion. We didn't as we didn't alter the roofline and installed velux windows only.

We did need to have it signed off by building control and this is not the same thing. It depends on how long ago the conversion was done as to what the regulations were at the time. Our loft conversion would not meet regs now if we applied as a builder told me there has to be X mm between the handrail on the staircase and the wall which we don't have. But it was all signed off and compliant at the time.

This really is a job for your solicitor/conveyancer.

I believe an indemnity policy would only cover the costs for litigation NOT to correct sub-standard work.

I also think if tbe planning people have now been made aware of a potential issue then you won't be able to get indemnity insurance anyway...

Unfortunately it sounds rather risky to me, unless you accept it as a two bedroom house.

Will the bank even mortgage the house without planning permission?

they’ll probably reduce the value they will lend to match a 2 bed property.

We had a similar situation for a house we bought 10 years ago. The loft was converted but in a way that obviously did not meet building regulations (no door, just a staircase going up to an open room). The seller did not do the conversion themselves and so did not have any information about when it was done. On our solicitors advice we signed an indemnity document so that if anybody ever challenged it we were covered. Lived there for seven years, used it as a study and occasional bedroom. When we came to sell the agent said the loft couldn’t be described as a bedroom and advised not to show it to buyers with a bed in it. Somebody still bought the house, they asked the same questions we did and presumably signed the same indemnity thing we did. It all went through ok in the end.

Could you explain what the indemnity document covers? Is it the same thing as an indemnity policy as the sellers have declined to provide that which I’m struggling to understand why they’ve declined.

It’s the same thing. It covers the costs if the council decide to enforce building regs/planning. (Can’t get one if the council have already been made aware.)

Can you look up the marketing photos when they purchased? See if it's true they haven't completed the work.

My DS asked the vendor on his first offer, before he pulled out, for details of electrical work and they said they hadn't done any.....but if you looked at the agents details from when they bought the property it was very obvious they had - significant amounts!!

An indemnity policy won’t help if the building work is substandard
I would never buy a property without the correct consents

Okay so from what I’ve gathered you don’t need planning permission for a loft conversion. However you’d need to pass building regulations in order for it to be a bedroom. I’m guessing they haven’t passed that as there isn’t a door to the loft which I’ve read is needed to pass among other things. What would an indemnity policy cover me on? And if I did purchase the house would it be difficult for me to make it safe enough to pass building regulations?

I would agree with this.

we have a loft conversion, all above board with building regulation approval. Planning permission wasn’t required as we just have velux windows and didn’t change the roofline.

We had to have steel beams inserted into the roof space, a permanent staircase with sufficient headroom and width, fire doors, mains connected smoke alarms on all floors, escape windows and heat reflective insulation from the top of my head.

I wouldn’t be happy to have a family member sleeping up there unless it did have building regs approval and those safety features.

edited to add, without building approval you are buying a two bed house with a “useful occasional room”. Is that what you think you’ve bought?

It could be major works to bring it up to standard.

Can you afford it if the mortgage company reduce your mortgage offer?

Wrong thread.

By how much could they lower the mortgage by if it’s 2 bedroom?

Yes you don’t need planning permission but you do need to meet building control - which certainly as a PP said requires fire doors for all rooms (the days all the doors were replaced was a right pain) smoke alarms added, insulation etc. Basically to make it fire safe.

it doesn’t sound as if yours does so isn’t a proper room. When we moved it the previous owners had done some work (cleared out the fibre glass added in a floor and a window to the roof so their son could work up there and have a desk. It was much nicer loft that we had previously but certainly was nothing like the loft conversion we have now!
it wasn’t marketed though as an extra room

to whatever an equivalent 2 bed would cost.

It's weird that they've declined buying the policy, they cost about £100 & their solicitor could easily source one.
You probably won't need planning regs but you will need building regs for a loft conversion.
If the sellers won't get an indemnity policy your solicitor can.
But don't let the council know because it'll invalidate the policy.

An Indemnity policy is not a substitute for building control consents
It is certainly no guarantee the work was properly

So I’ve added photos of the loft conversion. After reading the building regulations I believe all I would need is fire safety such as fire doors installed as it currently doesn’t have that. What do you guys think?

No matter how I try, I can’t assess your roof struts or the battens underneath the floor, nor the insulation in the walls or the safety of the electrics. Sorry.

I pulled out of a purchase which hadn’t had building refs for a loft. An indemnity policy isn’t much use in my opinion. How do you even know the loft has been built safely? I wasn’t prepared to risk it and was concerned re selling on.