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No building regs for loft extension

49 replies

Delatron · 02/06/2026 15:27

So we are trying to sell our Victorian house and an interested buyer has asked for the building regs for the loft conversion. We didn’t do the conversion an we moved in in 2011.

Going through all our documents it looks like it was done in 2002! I can see our solicitor asked for building regs and they ticked a box saying they had lost them….nobody appears to have picked up on this and our mortgage went through fine.

What can we do to alleviate the worries of our potential buyer? The conversion is 24 years old.

We spoke to the council and they say they have a record of the work as being ‘completed’.

OP posts:
Delatron · 02/06/2026 17:33

@ErlingHaalandsManBun It is hideous. If we hadn’t actually bought our new house I would stay put. I’m never moving again. Which is handy as we’ve bought another Victorian property!!

So the council have been helpful. We have a digital record describing the works. With an application reference number, a valid date and a decision date. Status says ‘building work complete’. Have to hope this is enough for the mortgage company.

OP posts:
Fibrous · 02/06/2026 18:08

Fifthtimelucky · 02/06/2026 16:57

The buyer might not care, but if they are getting a mortgage, the lender almost certainly will.

My daughter bought a flat last year which hadn’t had building Regs approval for the loft conversion.
Her solicitor was very clear that she should not proceed without getting a report from a structural surveyor confirming that it was done properly, because without one the mortgage company would not agree to lend. They also insisted that the report was in her name.

The mortgage company doesn’t care. My buyers have a mortgage in place. We’re nearly at exchange.

ErlingHaalandsManBun · 02/06/2026 18:56

Delatron · 02/06/2026 17:33

@ErlingHaalandsManBun It is hideous. If we hadn’t actually bought our new house I would stay put. I’m never moving again. Which is handy as we’ve bought another Victorian property!!

So the council have been helpful. We have a digital record describing the works. With an application reference number, a valid date and a decision date. Status says ‘building work complete’. Have to hope this is enough for the mortgage company.

That sounds really promising! When we checked the property we are buying it said planning permission granted and then under completion it was blank. No dates and just said 'incomplete' so this would seem to me that its been done and you should be okay 🙏

JustHereWithMyPopcorn · 02/06/2026 19:11

Delatron · 02/06/2026 17:33

@ErlingHaalandsManBun It is hideous. If we hadn’t actually bought our new house I would stay put. I’m never moving again. Which is handy as we’ve bought another Victorian property!!

So the council have been helpful. We have a digital record describing the works. With an application reference number, a valid date and a decision date. Status says ‘building work complete’. Have to hope this is enough for the mortgage company.

I’m sure that would satisfy them. Fingers crossed for a positive outcome!

Delatron · 02/06/2026 19:18

Thanks both I really hope so. Such a stressful process!

OP posts:
ThatAgileMintBiscuit · 02/06/2026 19:48

Op, I actually posted about this a few days ago because we’re in a very similar situation — just from the buyer’s side.

We’re trying to buy a Victorian semi‑detached that was marketed as a 5‑bed with 3 bathroom ensuite. It turns out it’s actually 4 bedrooms and 2 en-suite plus an unregulated loft room and en-suite.

The estate agent originally told us the loft was a proper, regulated bedroom and that the sellers had simply “lost the paperwork”. As we’ve gone further into the process, we now know that wasn’t true. The loft was converted years ago, but it was never signed off, and the sellers have already contacted the council about it in an attempt to get it signed off but work needs to be done— because the council know about the unregulated bedroom indemnity insurance can’t be used.

Because of that, TSB have now said they won’t mortgage the property due to the unregulated ‘bedroom’.

So we’re having to reduce our offer. Not because we’re being awkward, but because we originally offered based on it being a legal 5‑bedroom house with three en-suites. Now we know it isn’t, the value is obviously lower. We don’t want to end up out of pocket later on if we ever sell, or if something goes wrong with the work and we’re the ones who have to pay to put it right.

It’s frustrating, but ultimately we’re just trying to protect ourselves from someone else’s decisions.

If the EA was honest from the beginning we would have offered accordingly and the sellers might not have accepted. We would not of ended up wasting 6 months and solicitor fees.

We also now know that the previous sale fell through as that person wasn’t able to get a mortgage due to the unregulated ‘bedroom’ - infuriating but an absolute waste of time.

Get the paperwork and prove it’s a bedroom or kindly OP say it’s a loft space and put a sofa in there and make it into a games room or something. Losing a bedroom may make it better than being completely unsellable.

ThatAgileMintBiscuit · 02/06/2026 19:49

Delatron · 02/06/2026 17:33

@ErlingHaalandsManBun It is hideous. If we hadn’t actually bought our new house I would stay put. I’m never moving again. Which is handy as we’ve bought another Victorian property!!

So the council have been helpful. We have a digital record describing the works. With an application reference number, a valid date and a decision date. Status says ‘building work complete’. Have to hope this is enough for the mortgage company.

Fantastic news Op - that sounds like a bedroom to me!

Delatron · 02/06/2026 20:16

Thanks @ThatAgileMintBiscuit it is a relief that the council have the records.

It would have been frustrating to have to say it’s not a bedroom - it’s huge up there. There’s a double bedroom, an entrance lobby and a side room - we know we can’t call the lobby or the side room a bedroom but the whole space is definitely worth at least one bedroom! It’s actually bigger than our master bedroom.

I completely understand why you have had to reduce your offer. I hope
it all goes through ok

OP posts:
Leedsfan247 · 03/06/2026 19:42

Just pay for indemnity of insurance - a couple of hundred pounds

Delatron · 03/06/2026 20:17

Leedsfan247 · 03/06/2026 19:42

Just pay for indemnity of insurance - a couple of hundred pounds

I think I read if you spoke to the council (like we have!) you can’t do this. Why I don’t know as we were just trying to do the right thing.

Looks like they are reasonably happy with the records we have provided from the council.

OP posts:
ccccccccc · 03/06/2026 21:41

JustHereWithMyPopcorn · 02/06/2026 16:29

I would think that a confirmation from Building Control that it had been completed means they applied for Building Regs and is an indicator that it had been inspected and 'signed off' as being in accordance with the regulations. Can yo get a written confirmation of the information the council have on file and supply that to your solicitor? I would think should satisfy them.

Yes, I agree witih this. It sounds as though the work was approved and they should be willing to give you a "completion certificate" - though you'd have to pay for it.

Timbrelltime · 03/06/2026 21:49

ThatAgileMintBiscuit · 02/06/2026 19:48

Op, I actually posted about this a few days ago because we’re in a very similar situation — just from the buyer’s side.

We’re trying to buy a Victorian semi‑detached that was marketed as a 5‑bed with 3 bathroom ensuite. It turns out it’s actually 4 bedrooms and 2 en-suite plus an unregulated loft room and en-suite.

The estate agent originally told us the loft was a proper, regulated bedroom and that the sellers had simply “lost the paperwork”. As we’ve gone further into the process, we now know that wasn’t true. The loft was converted years ago, but it was never signed off, and the sellers have already contacted the council about it in an attempt to get it signed off but work needs to be done— because the council know about the unregulated bedroom indemnity insurance can’t be used.

Because of that, TSB have now said they won’t mortgage the property due to the unregulated ‘bedroom’.

So we’re having to reduce our offer. Not because we’re being awkward, but because we originally offered based on it being a legal 5‑bedroom house with three en-suites. Now we know it isn’t, the value is obviously lower. We don’t want to end up out of pocket later on if we ever sell, or if something goes wrong with the work and we’re the ones who have to pay to put it right.

It’s frustrating, but ultimately we’re just trying to protect ourselves from someone else’s decisions.

If the EA was honest from the beginning we would have offered accordingly and the sellers might not have accepted. We would not of ended up wasting 6 months and solicitor fees.

We also now know that the previous sale fell through as that person wasn’t able to get a mortgage due to the unregulated ‘bedroom’ - infuriating but an absolute waste of time.

Get the paperwork and prove it’s a bedroom or kindly OP say it’s a loft space and put a sofa in there and make it into a games room or something. Losing a bedroom may make it better than being completely unsellable.

Estate Agents Lie.
That’s all you need to understand when buying and selling houses
They lie and smile as they do

Delatron · 03/06/2026 21:58

ccccccccc · 03/06/2026 21:41

Yes, I agree witih this. It sounds as though the work was approved and they should be willing to give you a "completion certificate" - though you'd have to pay for it.

Yes I think this is what is going to happen. I have to say for once I have been very impressed by the council - they’ve responded quickly and helpfully. I was very stressed!

OP posts:
FatParrot · 04/06/2026 03:29

If the buyers need a mortgage the lender will insist on a survey. Any issues with the building will be mentioned in the report.
If the buyer chooses not to have their own Home Buyer’s Report done before buying, any buildings insurance they take out won’t cover faults that would have been discovered in their Report.
It’s still standing with no issues and building regs were carried out, so it shouldn’t be an issue.

Delatron · 04/06/2026 08:42

FatParrot · 04/06/2026 03:29

If the buyers need a mortgage the lender will insist on a survey. Any issues with the building will be mentioned in the report.
If the buyer chooses not to have their own Home Buyer’s Report done before buying, any buildings insurance they take out won’t cover faults that would have been discovered in their Report.
It’s still standing with no issues and building regs were carried out, so it shouldn’t be an issue.

Yes this is what I was thinking.

I think it all stems from them losing their last house due to no building regs for the loft. The mortgage company would not offer a mortgage because of this. So they are very twitchy. But I do think a different scenario here.

OP posts:
CraftyGin · 04/06/2026 08:55

Our loft conversion was done in 2004 under building regulations. The application is visible on the council's planning permission website.

If there are no building regs, you can't market the room as habitable.

ccccccccc · 04/06/2026 09:03

Delatron · 03/06/2026 21:58

Yes I think this is what is going to happen. I have to say for once I have been very impressed by the council - they’ve responded quickly and helpfully. I was very stressed!

We once needed a certificate when selling a house, the work had been completed a few years earlier, inspected and passed. My husband phoned the council and spoke to the head of department who said that he remembered our work. It had been his first job when he joined and he remembered me making him a bacon sandwich every time he visited - he issued the completion certificate without charge!

FatParrot · 04/06/2026 09:20

Edit: Sorry, new person here. This relates to the property being advertised as having an extra bedroom, when it's an unregistered loft room.

This is in breach of the Property Misdescriptions Act 1991.
Unfortunately, estate agents aren't regulated as they are in other countries. There are decent agents, and they would welcome regulation, but you have to deal with whoever's selling the property.

Mildura · 04/06/2026 09:36

FatParrot · 04/06/2026 09:20

Edit: Sorry, new person here. This relates to the property being advertised as having an extra bedroom, when it's an unregistered loft room.

This is in breach of the Property Misdescriptions Act 1991.
Unfortunately, estate agents aren't regulated as they are in other countries. There are decent agents, and they would welcome regulation, but you have to deal with whoever's selling the property.

Edited

The PMA doesn't exist anymore, hasn't done for over 10 years.

There is plenty of regulation that covers estate agency and the sale of property, but it's incredibly poorly enforced. More regulations aren't needed, they already exist, it's just they need to be enforced.

Delatron · 04/06/2026 10:43

CraftyGin · 04/06/2026 08:55

Our loft conversion was done in 2004 under building regulations. The application is visible on the council's planning permission website.

If there are no building regs, you can't market the room as habitable.

Ours is also visible on the council website too. They said this should all be fine for mortgage company. They are issuing a certificate and all is good.

I think the problem is with old loft conversions from before building regs were standard. But the work is all there in the council site.
Which considering it was 24 years ago I am happy with.

OP posts:
Delatron · 04/06/2026 10:45

ccccccccc · 04/06/2026 09:03

We once needed a certificate when selling a house, the work had been completed a few years earlier, inspected and passed. My husband phoned the council and spoke to the head of department who said that he remembered our work. It had been his first job when he joined and he remembered me making him a bacon sandwich every time he visited - he issued the completion certificate without charge!

Edited

Thank you - yes this is what the council are doing. They’ve actually been really helpful and we’ve sent all the information to the estate agents and new potential buyers.

OP posts:
Delatron · 04/06/2026 10:46

Though I’m sure there will be some charge.

We bought the house 15 years ago - this work was done 24 years ago. I’m relieved there’s a record of it with the council!

OP posts:
MotherofPufflings · 04/06/2026 15:03

Glad it seems to be sorted.

When we sold our last house we had a last minute panic because our buyers' solicitor asked for "conservation area consent" for an extension we'd built in addition to planning permission. Problem was that conservation area consent for extensions is not a thing! It covers demolition work and planning permission for the work is all that was needed but we had a difficult job convincing them. Our own solicitor wasn't much use either.

Delatron · 04/06/2026 15:19

MotherofPufflings · 04/06/2026 15:03

Glad it seems to be sorted.

When we sold our last house we had a last minute panic because our buyers' solicitor asked for "conservation area consent" for an extension we'd built in addition to planning permission. Problem was that conservation area consent for extensions is not a thing! It covers demolition work and planning permission for the work is all that was needed but we had a difficult job convincing them. Our own solicitor wasn't much use either.

Gosh it’s all so stressful! I’m sure we are not out of the woods yet

They are asking me about bamboo now.

Wish I could stay put and never move for the rest of my life…!

OP posts:
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