Regularisation Dispute

[Charlie1971]

Hi,

Hopefully someone can help me ...... I am currently selling my late father's property, one which he built in 1971, this is a 5 bedroom house with a loft conversion (2 bedrooms) constructed in 1982. Due to the fact there were no records from BC during the local search by solicitor, the potential buyers wanted the loft extension to be regularised. I had a meeting with BC officer and he said I needed a structural survey & to address fire escape route from the loft, then this could be regularised. So I proceeded ... structural report absolutely fine, but then he asked when the loft extension was constructed ... 1982 ... he then said it couldn't be regularised as it pre-dates the building act of 1984. I asked him to regularise at the regulation standard of 1984 ... no .... we can't do that, it was built in 1982! He has then told the potential buyers that the council will classify the loft conversion as unauthorised and uninhabitable, so legally I shouldn't be calling it a 5 bedroom house but a 3 bed.

I have had several discussions with the BC Officer, he said the loft conversion was very good, there are no issues, but his hands are tied and can do nothing, unless I rip down and start again. In fact, he said every house prior to 1985 would be the same .... he also added that my father would probably have gotten all of the correct processes done at the time, but the council didn't hold any records before 1985 (I think BC was dealt with by the Health and safety executive pre 1985).

I have no doubt my father has all of the correct approvals at the time, it was built with my grandfather's building company, they built many houses at that time and received Civic Awards for their work, so they knew the rules to follow.

Does anyone have any ideas as to what I can do? or whether this is actually a problem at all? Potential buyers said they would buy for £35k less as a 3 bed, but bearing in mind I've already allowed them £6k from the original offer price to update the fire risk (fire doors, alarms etc), I'm not willing to accept this!

 

[freddiemercurystwin]

Yes the BCO cannot do a regularisation on pre-1985 works, why didn't this rear its head when discussions with BC first start is a mystery, the legislation is very clear, there's even a date on the form that refers to when the work was carried out. Anyway he is also right that there are potentially millions of houses in the same boat, they get bought and sold all the time no problem. If it were me selling (and I guess I wasn’t desperate for a sale) I would tell the buyer to do one – end of.

And if BC took your money and knew the date beforehand I would ask for a refund.

 

[tony1851]

Your Building Control officer is correct, in that they cannot regularize work done before November 1985.
He is also a complete knob in writing to your potential buyers to declare that the loft is uninhabitable and is clearly acting ultra vires.

 

[Notch7]

Potential buyers said they would buy for £35k less as a 3 bed

There's a surprise....a lever to drop the price. I bet it makes you want to say to them, thats ok you have at a 3 bed price, I shall need to remove the conversion before its sold though, as its unhabitable........

Is it a sought after property? can you pull out and find other buyers?

 

[Charlie1971]

Thanks for the replies, has certainly helped me regain some sanity after dealing with council and believe my position is the correct one.

Yes (hopefully) it is a sought after property, I got a viewing booked within hours of going back onto rightmove. I have left the door open to the current buyers, but have said either they pay the previously agreed price or the door is closed. Hopefully I will get more reasonable potential buyers in the future!

I agree with everything you said about the BC Officer, how can he make comments like that? I did everything I could to appease - structural survey (£800) and offered to get the fire safety updated, but still he wouldn't approve. I guess I should have rejected the buyers when they wanted regularisation not an indemnity policy. I have email chief exec for building control at the council ... no reply ... what a surprise! Building control are there to make houses safe, I offered to make it safer, but he didn't have a suitable tick box .....

I guess that now I have gone down this route and the council are aware, this could then cause me problems with future sales as I can't now get an indemnity policy?

Oh and I did tell the buyers they could buy it as a 3 bed, but the price is the same!

Beginning to wish I had posted on here before starting this process!

 

[^woody^]

He has then told the potential buyers that the council will classify the loft conversion as unauthorised and uninhabitable, so legally I shouldn't be calling it a 5 bedroom house but a 3 bed

You need to be speaking with someone senior at the council. Mentioning that the inspector's statement is incorrect, wrong in law, will cause you financial loss due to him having made such a statement and you will if need be, be taking this to the Ombudsman for decision and compensation.

Advise them that they need to be coming up with a more accurate statement about why this can't be regularised, and he may like to add that the works appears to be of a high standard. And perhaps the council may like to be of the opinion that a suitable inspection and report by an independent Chartered Surveyor or Structural Engineer would confirm the condition of the loft conversion and would be sufficient for the purpose of any buyer. And the council could finish this letter by apologising for any confusion.

 

[Notch7]

Mist sprinklers are a way of resolving loft conversion means of escape where containing a stairwell is impossible.

 

[wessex101]

It might be worth pursuing the old records to see if it did have approval at the time. Some Councils are better than others but archiving the old registers from the 1980's is quite possible, they might even have got the original application stored away somewhere on microfiche.

 

[Charlie1971]

Thanks once again for the replies. I have already email 2 senior members of the council with no response as yet, although I think I need to be a little more threatening as per compensation as you have said.

Update on developments ... It would seem that the potential buyers are arses! Estate agents have told me that the buyers have now complained to rightmove that the advertisement for the property is incorrect ... price wrong, should be 3 not 5 bed etc etc!! Obviously trying to force me to sell to them as I won't be able to sell to anyone else .... Estate agents are leaving the advert as it was and I have instructed solicitors to pull the contract from the buyer's solicitor ..... I wouldn't sell to them even if they offered full price now!

 

[cdbe]

With it not being your house perhaps you have made a mistake with your dates and it wasn't actually completed till January 1986.........?

 

[Charlie1971]

Unfortunately I have tried that .... saying it wasn't completed until 1986, but the BC Officer just says you've already told me it was built in 1982 ... there's nothing I can do!

 

[RobTi]

Unfortunately I have tried that .... saying it wasn't completed until 1986, but the BC Officer just says you've already told me it was built in 1982 ... there's nothing I can do!

Tell him to prove it, 4 years of snagging before it was completed and habitable

 

[Nakajo]

You'll find a more sensible buyer, I suspect

 

[tony1851]

Tell him to prove it, 4 years of snagging before it was completed and habitable

Not sure that would work because the works would only have to be 'substantially completed'.
'Substantially completed' would mean roof on/windows in and the extension sealed from the weather.

It would be nice if we could say "it wasn't completed because a window was sticking and we couldn't open it therefore we had no ventilation and it took us 4 years to get the builder to fix it"

 

[RobTi]

I know of a few properties that have loft bedrooms with stairs,lights,heating and vulux windows which are described as floored storage areas when sold