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- 13 Oct 2016
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Recently found out that the house I'm about to exchange on has no building regs approvals for a loft conversion and rear extension. Surveyor (full structural) didn't pick up on it, but said in his disclaimers that it's my responsibility to check for it. So I did, and it hasn't got it. Local Building Control tell me they have nothing on record for these works. Had a structural engineer assess it (visual inspection only, seller won't approve an invasive investigation). At least some of what he can see isn't up to building regs standards (even for the era of the work), obviously that brings into question the main structural members that can't be properly inspected.
Now the complicated bit - the alterations had planning permission passed end of 1984, and the work was carried out around that time (although no one can prove exactly when it was started). The vendor's position is that since the work predates the 1985 building regs changes no approvals were necessary from building control. But building control officer (who might be a total jobsworth, for all I know), is pretty clear that there was some sort of notification and approval process before 1985, (even if it was just getting structural drawings checked). He would expect to see something on record, although some people doubt the completeness of council records back this far. I've checked the 1976 building regs, and they do indeed mention getting plans approved. The fact that it isn't constructed to the standards further suggests no drawings were ever approved.
I'm satisfied that the work is of sound construction (it's been there for 30 years without any issue) even though it isn't fully up to modern standards. I know building control aren't going to try and enforce on it. I see that there is a regularisation process for previously non approved work, but that this can only be done for stuff from 1985 onwards, so no use to me here as I doubt it would meet all the requirements of the 1984 building regs (and possibly not the earlier ones either).
Having spoken to estate agents, they advise that they would not be able to market the property with the loft conversion counted as habitable rooms - i.e. this 3 bed house can only be described as a one bed (with the benefit of some fancy loft storage rooms). That is bound to have an effect on the resale potential/value of the property.
Is it just as simple as saying "it's pre 1985, so exempt from building regs"? I wonder if building control would write a letter of comfort or similar, to give me peace of mind?
Now the complicated bit - the alterations had planning permission passed end of 1984, and the work was carried out around that time (although no one can prove exactly when it was started). The vendor's position is that since the work predates the 1985 building regs changes no approvals were necessary from building control. But building control officer (who might be a total jobsworth, for all I know), is pretty clear that there was some sort of notification and approval process before 1985, (even if it was just getting structural drawings checked). He would expect to see something on record, although some people doubt the completeness of council records back this far. I've checked the 1976 building regs, and they do indeed mention getting plans approved. The fact that it isn't constructed to the standards further suggests no drawings were ever approved.
I'm satisfied that the work is of sound construction (it's been there for 30 years without any issue) even though it isn't fully up to modern standards. I know building control aren't going to try and enforce on it. I see that there is a regularisation process for previously non approved work, but that this can only be done for stuff from 1985 onwards, so no use to me here as I doubt it would meet all the requirements of the 1984 building regs (and possibly not the earlier ones either).
Having spoken to estate agents, they advise that they would not be able to market the property with the loft conversion counted as habitable rooms - i.e. this 3 bed house can only be described as a one bed (with the benefit of some fancy loft storage rooms). That is bound to have an effect on the resale potential/value of the property.
Is it just as simple as saying "it's pre 1985, so exempt from building regs"? I wonder if building control would write a letter of comfort or similar, to give me peace of mind?