Unlawful loft ?

[Emma kathryn]

Hi

6 years ago we converted our loft . We used a good loft company with architectural drawings and applied for building regs/ permitted development. The loft was checked 3 times by building control . It’s a dormer / hip to gable extension. In 2012 it was signed off by building control with a certificate. We are trying to sell our house but our buyers solicitor has said the loft is unlawful and we need a lawful development certificate. He says hip to gable loft require full planning. Since 2008 I thought lofts had their own 50 cubic meters and came under permitted development ? We live in a semi detached house . Has anyone else has similar problems ?

 

[PCAnimal]

ring your planning office and ask them. I don't know. I had one done on a semi with a dormer and I could do it under PD. I went full plans as I was close to 50cm.

 

[Emma kathryn]

Hi

Ok thank you I think we are 42.6 so we are with in

 

[tony1851]

The buyers' solicitor is incorrect; hip-to-gable loft conversions are permitted development (assuming < 50m³ etc).

 

[freddiemercurystwin]

The four year rule would come in to play even if it wasn't PD.

 

[^woody^]

Print off the PD rules from 2012. S̶h̶o̶v̶e̶ ̶t̶h̶e̶m̶ ̶u̶p̶ ̶t̶h̶e̶ ̶S̶o̶l̶i̶c̶i̶t̶o̶r̶'̶s̶ ̶a̶r̶ give them to the Solicitor.

 

[Emma kathryn]

Thanks everyone . Yup we have done all that he came back and said “ by the way it’s not 4 year rule it’s 10 year enforcement rule “
Yes that’s what I thought he’s incorrect it’s def under 50 cm .
His title is “ fee earner “ so no more

 

[Emma kathryn]

* say no more

 

[wessex101]

The buyers' solicitor is incorrect; hip-to-gable loft conversions are permitted development (assuming < 50m³ etc).

To be fair it is slightly more complicated than that. Personally I wouldn't risk something like a hip to gable loft conversion without a lawful development certificate, there are too many minor technical rules that could go wrong such as are the materials "similar", is there a window in the new gable and does that comply? I'm doing one at the moment and the planning officer picked up the height of the raised chimney stack, as I just measured the stack and he included the chimney pots, very easy to amend on the drawings but would have been rather embarrassing for me if it had been picked up after it was built.

Having said that the solicitor is probably wrong but for the sake of £100 or so an LDC makes life so much simpler. In this case the OP is probably in the clear in regards enforcement action from the planners but will have to jump through hoops to keep the solicitor happy.

 

[Emma kathryn]

Ok thanks for advice . Waiting for an LDC which will take weeks and weeks

 

[wessex101]

I wasn't saying you should get an LDC. My point was the permitted development rules are actually quite complicated so it is easy to make a simple mistake and proceed with something you are sure is permitted development when actually it isn't. So by producing copies of permitted rules you might just shoot yourself in the foot by proving it isn't permitted development unless you are very careful and very sure your scheme fully complies not just that it less then 50 m3.

In your case I suspect your problem is not with the planners due to the 6 years since the work was done but how you are going to convince the buyers solicitor. I suspect it will end up with you having to buy an indemnity policy which seems to be a favourite with conveyancing solicitors.

My comment was also partly aimed at some of the regulars here who maintain an LDC is a waste of time but in situations like this they are actually really rather good.

 

[tony1851]

I suspect it will end up with you having to buy an indemnity policy which seems to be a favourite with conveyancing solicitor

For which they often get a small cut.
And the policies are useless if the council is already aware of the work - which may be the case here if the OP use council Building Control.

 

[LukeB123]

In your case I suspect your problem is not with the planners due to the 6 years since the work was done but how you are going to convince the buyers solicitor. I suspect it will end up with you having to buy an indemnity policy which seems to be a favourite with conveyancing solicitors.

Yes, this.

Just for clarification, 10 year rule does not apply here, it's the 4 year rule. The indemnity is also fairly useless as it usually only covers you for legal costs that may occur from the Council - not for changing or rectifying the work. and is the work is Permitted Development AND past the 4 year mark, they can't take action anyway so the indemnity is pointless.

Does make the solicitor a few hundred quid each sale when they see no LDC though.

 

[oldbutnotdead]

As above 4 year rule will come in. The 10 year rule doesn't apply - that's for change of use. Beaten to it on both counts..... solicitor is an arse, his tick-box machine is obviously working overtime. Best bet may be to talk to council planners (with a copy of the completion cert in your sticky paw), all you need is confirmation from them that the work is now too old to be subject to any enforcement action. Good luck

 

[Emma kathryn]

Ok thank you all that’s really helpful . We made a mistake by asking the council first therefore indemity is Now useless .
He’s insisting on a LDC so that’s what we will have done and we can all move on with our lives !
He has managed to convince our buyers that the loft is unlawful so pretty sure they have gone else where
But at least we will have an LDC for loft for the next useless conveyancer who has absolute no clue on planning rules