Loft: use as a bedroom

[cag]

Good evening,

My parents had a house built onto their existing house over 20 years ago. They tell me it had planning permission for 2 beds but the builder added a loft conversion room . This room has over the years been used from time to time as a 3rd bedroom. I have tried looking elsewhere on the forum to see if I could answer my own question but could not and hence my query.

The bottom of the stairs leading to the loft room has a door (need to check if it is a fire door) and a very small landing before stepping down to the actual second floor landing so I'm hoping that Building Regs are taken care of?

My two questions:
1. are building regs. not an issue here
2. would they have be able to get a Lawful Development Certificate on the basis the room has been used as a bedroom for 4 years without the planners taking action?

Should there be additional points to consider, then I would welcome your comment.

Many thanks

cag

 

[southwesterly]

It doesn't sound as if PP is needed for the loft room unless it has a dormer. Building regulations may also not be mandatory if it's been there for 4+ years although it might be an advantage to get it 'regularised' to avoid difficulties if it's ever sold on

 

[jeds]

You probably didn't need planning for the loft room but being more than 4 years old it is immune from planning now anyway. It is also technically immune from building regulations enforcement although that doesn't stop the local authority taking some other form of action if there is a good reason to do so. However, solicitors are usually very reluctant to proceed without some form of certificate or indemnity insurance - especially on the building regs. Bear in mind that once you approach the building regs department you cannot then get an indemnity insurance. So only go down the regularisation route if you are fairly sure it will be ok. If not you will have to take a chance on a buyer (and their solicitors) accepting an indemnity insurance. And if not that you will have to sell it as a 2 bed with loft room.

 

[tony1851]

Be careful if you apply for a regularisation certificate. They are not cheap; it will involve some dstructive work opening up various parts for examination by the inspector; you may also need to get an engineer to provide stuctural calcs
(more expense).

Personally I'd just leave well alone.

 

[jeds]

I agree. Do nothing unless you are selling. Then you make a decision whether to sort it out or run the risk of losing a sale.

 

[maltaron]

Surely if the house is over 20 years old nobody will question its legality now.

 

[geraldthehamster]

Surely if the house is over 20 years old nobody will question its legality now.

When we sold a house in 2007, the buyer's solicitor asked if we had documents showing BC approval or PP for a shower room extension built in the 1980s ...


Cheers
Richard

 

[maltaron]

This is typical solicitors talk, building regs and approvals were vastly different that long ago. The answer is no, if they existed they are lost.

 

[tony1851]

Agreed;
I've often thought that solicitors can mess things up for buyers through having insufficient basic knowledge of how Planning and Building Regulations actually work.

Perhaps if the Law Society produced a simple guidance sheet for conveyancing solicitors, outlining statutory time linits for enforcement etc, it might help.

 

[cag]

Thanks all for you input. Putting it all together, it looks quite positive Sleeping dogs for the time being and if selling, hope that the buyer's lawyer is keyed up with local planning law/building regs or at least my parents' lawyer is and can educate the other if needs be.