Building regs issue

[Jethro Tull]

We live in an old house which has some stairs to the loft storage area built years ago. They are quite steep so wouldn't conform to building regs.

We have been using the loft as storage for years. We had some dormers fitted to get some air in there and wasn't informed we needed building regs. We did obtain planning permission though.

We are now moving and this has come to light and we need a retrospective certificate. An inspector is coming round to see if the windows conform to building regs (which they do).

However I informed the local authority that the work has been plaster boarded and has insulation fitted under it. They say it could be used as living accommodation (which it isn't being) and may breach the regs.

What can they do? This was done around 3 years ago. It looks nice as we put some carpet up there to stop draughts. It appears that is a problem to them and said that someone could sleep-over up there!! I understand that there is a time limit for them to take action. I am ia bit worried about the visit. Anyone else had this sort of situation? Maybe if it looked a mess they wouldn't bother? Thanks in advance.

 

[Ian H]

Me, they came to mine when my missus', brothers, EX tipped them off about our dodgy loft conversion (no dormers though).

The inspector visited and sent me a letter recommending I remove the Velux and the stairs but saying no action would be taken.

It's still there 12 years later, still used. Never sold it though so can't help with that.

Has the estate agent listed it as a bedroom?

 

[Jethro Tull]

Thanks for your response. No not a bedroom but the guy who did the plans showed it as a snug and a study. I never told them it was anything other than storage. Let's hope they don't look on line. Just got the estate agents to remove it. Sigh of relief!!

 

[SFK]

Electromonks,
Once had a house with a loft like that.
However my Conveyancer detailed it as a non habitable room to buyers Conveyancer, and I more than happily paid for the £100 odd indemnity insurance as requested by buyers Conveyancer to get the sale of house moving.
Buyer was happy as they were fully informed on legal standing of room, and felt they had something useful in the indemnity insurance.

So my advice is to always talk to your Conveyancer first (before talking with council) and get (push/demand) your Conveyancer (who you are paying for) working on your behalf to find solutions that do not involve you ripping out walls.
If council does come back with negative (or positive) letter like did for Ian, don't make changes, discuss letter with your Conveyancer, and be prepared to reduce cost of house a bit in light of rooms being for storage only.

SFK

 

[Jethro Tull]

Yes that would be the best thing. However I didn't realise I needed it. I wasn't informed by anyone even the planning office that I needed it. The solicitors asked me for a certifiacte of competeance from the builder so I contacted them thinking they would have an answer but they couldn't find the completion certificate. This dropped me right in it. So after that I think an indemnity is out of the question.

 

[JohnD]

they couldn't find the completion certificate.

"couldn't find!"

 

[SFK]

Yep, hindsight is a wonderful (and so annoying) thing .

So be prepared to loose current buyer, educate your estate agent and Conveyancer that that room is to be sold as "storage only" and look for a new buyer who understand the benefits of this "storage room".

And check with your Conveyancer to make sure they know what they are doing. Some are fantastic and some are terrible. You can tell teh good ones as they will talk with you and will give advice when you ask questions.

SFK

 

[Jethro Tull]

"couldn't find!"

They couldn't find it because it didn't exist! Lol

 

[tony1851]

The council can huff and puff but they can't do anything, even if you are using it as a bedroom.

 

[bobsuerita]

storage room with insulation ,dormers in fact a finnished room mmmmmmmmmmmmmmmmmmmmmmmmmmmmm

 

[Jethro Tull]

The council can huff and puff but they can't do anything, even if you are using it as a bedroom.

Is that right? I did wonder what they could expect me to do with it to make it 'less habitable'. I have lived full time in a couple of places worse than what it was before and it never stpped me sleeping there! Maybe just make the place look like a hovel instead of a nice place is what they want.

 

[Jethro Tull]

Yep, hindsight is a wonderful (and so annoying) thing .

So be prepared to loose current buyer, educate your estate agent and Conveyancer that that room is to be sold as "storage only" and look for a new buyer who understand the benefits of this "storage room".

And check with your Conveyancer to make sure they know what they are doing. Some are fantastic and some are terrible. You can tell teh good ones as they will talk with you and will give advice when you ask questions.

SFK

After I received your message I phoned the conveyancer and she arranged a indemnity insurance circumventing the building regs, so just waiting to see if the buyers accept it. I am paying so I dodn't see why they won't. Let's see. Cheers for that.

 

[tony1851]

Your conveyancer should not have advised you to have indemnity insurance because it is void if the council are aware of the work - which in your case I think they are; she should know this. Conveyancers sometimes get a cut on it.

Normally after the work has been completed for 12 months, there is little Building Control can do under the Building Act. In serious cases where there is a risk to life, they can apply for an injunction to have the defect remedied, but that is comparatively rare.

 

[Jethro Tull]

Your conveyancer should not have advised you to have indemnity insurance because it is void if the council are aware of the work - which in your case I think they are; she should know this. Conveyancers sometimes get a cut on it.

Normally after the work has been completed for 12 months, there is little Building Control can do under the Building Act. In serious cases where there is a risk to life, they can apply for an injunction to have the defect remedied, but that is comparatively rare.

My conveyancers weren't aware that I didn't have building regs and I didn't think I needed them. I didn't realise at the time that I shouldn't have contacted building control. The insurance company who my conveyancer spoke to are aware I contacted building control. The company said that as they haven't taken any steps to view the property then they can offer the indeminity. I then had to contact the building control and tell them not to make any arrangements to come to my house. I think I may have stopped it in its tracks and I don't think they can insist on coming now - fingers crossed. It's only two dormers anyway. Thanks.

 

[NewhouseOldhouse]

Your conveyancer should not have advised you to have indemnity insurance because it is void if the council are aware of the work - which in your case I think they are; she should know this. Conveyancers sometimes get a cut on it.

Normally after the work has been completed for 12 months, there is little Building Control can do under the Building Act. In serious cases where there is a risk to life, they can apply for an injunction to have the defect remedied, but that is comparatively rare.

So Tony what you r saying here is that after work has been done over 12 months little authority can do??

I am in Northern Ireland and work was done 35 yrs ago