Would you buy without building regs?

[MollyHollyDollyPolly]

We're buying a house with a loft conversion which is being classed as a bedroom. Seller doesn't recall having building regs on loft. Solicitor is saying we can take out an indemnity policy but has also said they shouldn't market as 3 bed when it's technically 2 without regs.

Would you buy it anyway? Would you try to negotiate cost with it now being 2 bed officially?

No because of the issue when you sell.

You could try renegotiation but the amount is tens of thousands and a seller unlikely to agree. They may one day realise but I would expect it to take some time to get their head around it.

The answer is always the same: everything has a price.

When was the loft conversion done?

Without building regs it may not be safe to use as a bedroom and also it’s worth less as it’s classed as a 2 bed property with fancy storage space.

If you're buying with a mortgage your survey might put a stop to it. We were selling our property, we'd insulated the loft when we replaced the roof and put in a velux window, lights and power. We were using it for storage and I had a desk in it for crafts. Genuinely not used as a bedroom and the buyer's surveyor slated it, saying it was a habitable room without building regs. Buyers pulled out and we had to rip out most of the insulation and get a retrospective building warrant. I wouldn't touch it and I don't blame our buyer for pulling out. Have you had it surveyed yet?

How long ago was the building work done?

I would happily buy with indemnity insurance providing a survey shows all the work done is up to scratch.

I’d buy it, but be looking to pay as a premium 2 bed-not as a three bed.

No. Resale liability/might not be structurally sound. Indemnity policies don't protect you from a floor falling in.

"The conclusion I have come to (could be wrong) is that if any future works need building regs via the LA then you're invalidating the insurance as you are disclosing the lack of regs on the loft to the very people who might take action against you"

https://forums.moneysavingexpert.com/discussion/6069289/indemnity-insurance-future-works-to-loft-which-may-invalidate-insurance

I would buy without building regs if the survey was sound (my current home is a 16th century cottage which obviously doesn’t have building regs approval). However, I wouldn’t buy a house advertised as 3 bed if one of those bedrooms hasn’t got building regs approval and is unlikely to get it, or it would cost a fortune to build in such a way that it would get approval because then I’m basically overpaying for a 2 bed house.

I wouldn’t . Price should reflect 2 beds, not 3. If they didn’t do it to code, you could get stuck with a big bill for repair. I’d pull out of buying it.

No.

The vendor is not telling you the truth.

If it had been done properly, it would have approval.

You don't know what has been done and covered up.

Ripping out a bodge and doing it again properly will cost more than doing it right the first time.

If the conversion was done in the 80’s or later, I would not touch it. 70’s and earlier possibly.
However when you come to sell, you’ll face the same issues.
So on balance, it’s a 2 bedder and should be priced as such.

I have been in this exact position and bought with indemnity. Just because it hasn’t got regs don’t assume it’s a bodge, builder told me loads of people don’t bother getting regs.
Also bear in mind that regs change all the time so something which may have passed regs at the time it was done may not pass it now.
Although I did buy with the knowledge I was likely to redo it myself a few years later which I did end up doing (and got regs).
Whatever you do don’t go to the council and ask about being able to apply for retrospective regs. One because it may not meet new regs guidance anyway, and two because flagging it can then invalidate any indemnity that may get taken out.
But yes definitely see it as a premium 2 bed and offer on that basis not a 3 bed

Just because your taxi driver has no licence or insurance doesn't mean he's a bad driver.

But if he isn't, why hasn't he got a licence?

No I wouldn't buy it. Find something else. Apart from the potential safety issue, this would be a problem for you when you try to sell, unless you spend £££ on it.

The seller hasn't been honest with you. They knew that they did not have building regulations signed off and still advertised it as a bedroom. As you say, why would anyone want to pay the price of a 3 bedroom house for what is actually a 2 bedroom with some extra space in the loft. Indemnity policies are pretty useless. If the seller wants to obtain retrospective sign off, ensure structural safety and then market the house again as a 3 bedroom, they can do so but you don't need to be involved!

I have sold without building regs sign off. The building regs were done throughout the build and it was just the final sign off needed. I thought the builder had done it and it turned out the final part hadn’t been done as confirmed by the council. I’d been dealing with a terminally ill partner during the build and it had slipped my mind to confirm it had been finished. The buyers were happy with indemnity and didn’t ask for discount.