Building Regs Approval?

[agchristie]

A friend is selling her house which she bought in 2002.The loft had been boarded out by the previous owners at some point and when marketed was described by the agents as a 'games room' as it could not be described as a fourth bedroom due to there being insufficient means of escape in the event of a fire perhaps.

My friend has received an offer but the potential buyer has stated that there is no building regs approval.On searching the gov.uk website there is no info.

I believe that some mortgage providers would be reluctant to lend if the necessary approval hasn't been given.When she purchased it nothing was shown on the valuation report or disclosed by her solicitor.

Any advice would be very welcome.Thanks.

[Canary42]

In my experience, mortgage lenders specified remedial/removal action before lending, but not necessarily outright refusal. But that was over 40 years ago, so things may be dofferent now.

[Maydup]

Similar happened to my friend and they had to sell as a three bedroom house. The loft was simply a loft space same any other and the fact that it is boarded out and has a proper ladder access cannot imply anything about its suitablility for use.

Your friend is best to explain that there is no building control approval from previous owner and accept a very slight reduction in the price on account of it.

[agchristie]

Thanks Canary.

It throws up all sorts of issues but I can only assume that it is not a major issue as she easiky obtained a mortgage and the solicitor didn't raise any concerns.

The question is does it depend on who is prepared to lend and also how thorough a solicitor is?

[TonyV]

Why you need building regs if simply boarding loft to make storage easier?

[agchristie]

Maydup, many thanks for that.Useful to know.

I'm just wondering if there are issues regarding lack of head clearance and that the stairs are fixed rather than retractable.

Or,does that only apply if it was being claimed to be used as another bedroom?

[ummmm]

Surely a games room wouldn't be classed the same as a bedroom?

[agchristie]

TonyV, the buyer,a builder, stated that it should have approval.

[agchristie]

Ummmm, true but should the conversion itself have needed building regs approval?

[TonyV]

ag didn't realise stairs were fixed, thats a whole different ball game then.

[ummmm]

Not as far as I know. It would have to advertised as it is though. It doesn't meet buildings regs so could only be used as a temp room.

I'm not sure but I think it'll need a fixed staircase and an escape window.

[ubasses]

Your friend should be able to buy an indemnity to cover any future problems. When I sold my Mum's house, after she moved into a care home, I could not find any of the paperwork for some alterations she had done about 40 years previously. The Solicitor arranged for an indemnity insurance which (in 2007) cost £60.

[Maydup]

As I understand it, regardless of the scale of the adaptations, the loft can be listed as storage space and used as such, but to use it as anything else it would need full building control approval.

Do you know how long ago it was converted?

[agchristie]

Ummmm, the staircase is fixed but the small window opens out to the side of the property to a long drop to the ground!

[agchristie]

Maydup, it would be at least 18 years ago.

[ummmm]

Why doesn't she sell it as a 3 bed?

[agchristie]

Ummmm, she has but I guess the builder is looking to utilise the loft area for a purpose that he feels does not have the approval for.Most likely a 4th bedroom....

[ummmm]

Oh...so he wants her to pay any costs to make it pass the building regs. If he's a builder he should know!!

[ladybirder]

What ubasses says is correct. Happened to me and I just took out indemnity insurance for about £50.
Speak to your solicitor who will arrange it.

[Atheist]

ag, I think the potential buyer is just trying to get the price down. That's quite natural. If your friend is happy with his offer, she should sell. If not she should wait for a better offer. I don't think there should be any anxiety over headroom etc. The buyer can buy as is or walk away. His problem, not your friend's.

[Buenchico]

'Boarding for storage' DOESN'T require council approval. Almost everything else does.

Quote 1:
> You can board out your loft without Building Regulation approval but laying or fitting loft flooring in the loft or attic must only be done to store light items, such as empty suitcases. If you mean to convert your loft into living accommodation of some kind then you need to find out from your Local Council whether you need planning permission. You will certainly need Building Regulation approval to convert your loft into anything other than a storage space. Please note, even if you planning to use your roof space as an office or study it still counts as living accommodation <

Source:
https://www.diydoctor.org.uk/projects/boarding-loft-with-loftzone.htm

Quote 2:
> I've received from my local authority Building Control Dept the following: "From our last visit, we would classify this space as living accommodation. If you wish to classify the space as for storage only, then you would have to remove any permanent staircase, any insulation within the roofspace and plasterboard finish. Otherwise, if you do not do these things then it is viewed that the space can be used as living accommodation." <

Source:
http://www.loftsandbasements.co.uk/how-convince-building-control-loft-not-living-space.html

Your friend should re-advertise the property as having an 'attic, boarded for storage', rather than a 'games room', 'bedroom' or any other sort of 'living accommodation' and invite the existing potential purchaser to submit an offer based upon the modified description.