Buying house with converted loft that didn't have planning

[steshaw74]

Hello guys.

This is, potentially, a hypothetical question but I find everyone on here so helpful anyway.
I am looking at buying a house that has had a a loft conversion - there is a chance that the owner didn't obtain PP for this and maybe didn't follow regulations.

I intend to contact the local planning dept on Monday but what I want to know is:

a) What action can the council take if I bring this to their attention and my fears are true?

b) Is it a hazardous process to have a builder correct any work that isn't up to regulations and then apply for retrospective permission?

Thanks in advance.

 

[Shytalkz]

Where's bcsurveyor when you need him

If it's got fixed stairs, then it needs to comply with the regs. You can apply for retrospective approval, but the fees will sting - and there's no telling what work/design will be required to bring it up to current spec, not the spec that was in force at the time it was converted.

There are other threads on here regarding the need or otherwise to conform, if there are no fixed stairs, but it has been converted.

It might not need planning permission.

 

[steshaw74]

Shytalkz,
Thanks for the response.
It has fixed stairs and it does have a fire door at the bottom of those stairs - so there is evidence that some regs were complied with at least.....which makes me hopeful for the rest of it.
I have done a search on the local council planning web-portal and found a "PLANNING DENIED" decision on the house for a loft conversion back in 1990. I couldn't find any records after that though!
It's a big dorma conversion, so it's not like it would go unnoticed.

 

[Shytalkz]

If there's a dormer on the front, or any part of the roof slope line has been raised by more than 1m (under the planning rules in force at that time), then it would have needed pp, but that is a separate issue to BRegs. Permitted development criteria have changed since October last year, so it may come under pd now, if it needed retrospective approval.

The two departments do generally talk to one another, so if he'd done it without pp but did do BRegs, I find it difficult to believe that planners wouldn't have found out at some point.

Of course, the approval sought and denied in 1990 may have led to a change in the scheme so as to bring it within permitted development, meaning that it only needed BRegs.

 

[steshaw74]

The dorma is on the back and is definately raised over 1m.
Hopefully, I have attached a pic.

 

[noseall]

That's not a dormer, it's a third storey.

 

[^woody^]

If the dormer hase been up more than four years without any permission, then the planners can not take action. If there has been a breach of a condition then the limit is ten years

For b/regs, its 12 months generally, but for structural stability or other H&S issues, then there are not time limits.

Regularisation of b/regs will require the dormer to conform to the b/regs which were in force at the time of completion, not current regulations. But generally the BCo will only be interested in significant structural issues and H&S issues - and not much else

 

[steshaw74]

I have an update in case anyone is slightly interested!!

I spoke to the council Building Reg dept who told me that they do have an Approval and Completion certificate for the loft conv. It was from 1991.

I then spoke to the Planning dept who say that they don't have a planning request and assumed that the conversion probably fell within the permitted criteria for a loft con NOT needing Planning approval. I'm sceptical as it's a big old thing, but then again I don't know what the constraints (height, sq footage etc) were back in 1991.
Planning also, kind of, explained that the Building Regs people would've checked that Planning permission wasn't required, so I should be fine.

I hope that is the case.........

 

[^woody^]

Permitted Development rights came into effect in 1995. Anything before that would have required full planning permission