nina Posted December 1, 2020 Share Posted December 1, 2020 So we bought our first house couple years ago and made a structure change, we have rototated the staircase horizontally so it is an opposite stairway from original floorplan. Because it is a very small terrace house we didn't consult council for building regulation and just carried out the work. On top of this we added a staircase and converted the loft room (including a toilet), I am not confident that this will pass current building regulations and not sure how I can aquire a permission as it is already built. We now want to remortgage and get some equity for second home, and I was told that without permission the house will still be advertised as 2 bed house as it was. This will push away many potential buyers in the future when we sell and cause problem with paperwork. If the bank need to come and value the property, will this be a big problem? will they ask about the conversion and if it is building regulations approved? also any one have idea how we can get the permission and get the floorplan updated? if the extension fails building regulation, what then will happen? Will we be asked to knock things down ? any advise will be really helpful many thanks also want to ask if it is legal for me to let out this extension room? what might happen if the lodger has accident climbing the stair or anything... Link to comment Share on other sites More sharing options...
Russell griffiths Posted December 2, 2020 Share Posted December 2, 2020 So you basically did it a bit dodgy to save money and now you’ve found out it’s going to bite you on the arse. Its very simple to sort out but it’s going to cost you the money you think you saved the first time around at this time they don’t hang people for doing non building regs work, but they will if you let anybody sleep up in that room and there is an accident, then the poo will really hit the fan. I would either, get an architect around to draw up a list of everything that is wrong so you are prepared, or go straight to the council and tell them what you have done, there will be a few fees to pay for inspections, but at least you will have a building you can use. You can also choose to do nothing, but it will only be able to be used as a storage area whatever you do, do not rent it out. Link to comment Share on other sites More sharing options...
ProDave Posted December 2, 2020 Share Posted December 2, 2020 As an electrician I have seen at least 3 loft conversions done by the owners without involving building control and in at least one case downright dangerous. I suspect there are many more. The time it will really bite you is if you try and sell the house and find it is not mortgagable or only at a very low value. Link to comment Share on other sites More sharing options...
Ferdinand Posted December 2, 2020 Share Posted December 2, 2020 If the "extension" is the loft room, then you are better using "loft conversion". Extension usually means a new bit built on as new space - will confuse people. You need to regularise as described above. If it fails BR, then there would be an amount of remedial work if that can be done, or it would legally remain a non-habitable room. ie storage or possibly hobbies. I am not sure of the legal position wrt lodger landlords, but for a standard LL it is a huge no no. Sorry - but the regulation at buy / sale is quite tight now - I think you will have to declare the status on the PIF form to your solicitor (Property Information Form), and sign it. For the Floorplan, those are just things you draw or have drawn. AFAIK there is no legal "floorplan", which are why ones from an Estate Agent usually look like a different house. Link to comment Share on other sites More sharing options...
nina Posted December 2, 2020 Author Share Posted December 2, 2020 1 hour ago, ProDave said: As an electrician I have seen at least 3 loft conversions done by the owners without involving building control and in at least one case downright dangerous. I suspect there are many more. The time it will really bite you is if you try and sell the house and find it is not mortgagable or only at a very low value. thank you for the kind advise, Link to comment Share on other sites More sharing options...
nina Posted December 2, 2020 Author Share Posted December 2, 2020 2 hours ago, Russell griffiths said: So you basically did it a bit dodgy to save money and now you’ve found out it’s going to bite you on the arse. Its very simple to sort out but it’s going to cost you the money you think you saved the first time around at this time they don’t hang people for doing non building regs work, but they will if you let anybody sleep up in that room and there is an accident, then the poo will really hit the fan. I would either, get an architect around to draw up a list of everything that is wrong so you are prepared, or go straight to the council and tell them what you have done, there will be a few fees to pay for inspections, but at least you will have a building you can use. You can also choose to do nothing, but it will only be able to be used as a storage area whatever you do, do not rent it out. thanks for the information, i will try to see if i can sort things out to make it right. Link to comment Share on other sites More sharing options...
nina Posted December 2, 2020 Author Share Posted December 2, 2020 1 hour ago, Ferdinand said: If the "extension" is the loft room, then you are better using "loft conversion". Extension usually means a new bit built on as new space - will confuse people. You need to regularise as described above. If it fails BR, then there would be an amount of remedial work if that can be done, or it would legally remain a non-habitable room. ie storage or possibly hobbies. I am not sure of the legal position wrt lodger landlords, but for a standard LL it is a huge no no. Sorry - but the regulation at buy / sale is quite tight now - I think you will have to declare the status on the PIF form to your solicitor (Property Information Form), and sign it. For the Floorplan, those are just things you draw or have drawn. AFAIK there is no legal "floorplan", which are why ones from an Estate Agent usually look like a different house. cheers Link to comment Share on other sites More sharing options...
nina Posted December 2, 2020 Author Share Posted December 2, 2020 2 hours ago, Ferdinand said: If the "extension" is the loft room, then you are better using "loft conversion". Extension usually means a new bit built on as new space - will confuse people. You need to regularise as described above. If it fails BR, then there would be an amount of remedial work if that can be done, or it would legally remain a non-habitable room. ie storage or possibly hobbies. I am not sure of the legal position wrt lodger landlords, but for a standard LL it is a huge no no. Sorry - but the regulation at buy / sale is quite tight now - I think you will have to declare the status on the PIF form to your solicitor (Property Information Form), and sign it. For the Floorplan, those are just things you draw or have drawn. AFAIK there is no legal "floorplan", which are why ones from an Estate Agent usually look like a different house. hi Dave, do you know if this will be an issue to banks when they do remortgage valuations? will they ask about if i have aquired building regulations and permission... thanks Link to comment Share on other sites More sharing options...
joe90 Posted December 2, 2020 Share Posted December 2, 2020 My brother in law bought a 3 bed holiday house on the coast but found the “loft conversion” did not have regs so he haggled the price down to a two bed (but he didn’t need a mortgage). Link to comment Share on other sites More sharing options...
PeterW Posted December 2, 2020 Share Posted December 2, 2020 14 minutes ago, nina said: hi Dave, do you know if this will be an issue to banks when they do remortgage valuations? will they ask about if i have aquired building regulations and permission... thanks Likely yes as they will require to know when the work was completed. The bigger issue will be if you sell as a search will throw up that the property has no building regulations approvals. Link to comment Share on other sites More sharing options...
Ferdinand Posted December 2, 2020 Share Posted December 2, 2020 40 minutes ago, nina said: hi Dave, do you know if this will be an issue to banks when they do remortgage valuations? will they ask about if i have aquired building regulations and permission... thanks They would imo do a valuation as if the alterations had not been done, or as if they had and take off any estimated necessary work. ie In practice value as 2 bed + attic storage room. In practice valuations are very broad brush however. F Link to comment Share on other sites More sharing options...
ProDave Posted December 2, 2020 Share Posted December 2, 2020 Sometimes, if it can be proved that the work was done a long time ago, longer than the period building control can take enforcement action, then upon sale you can buy an indemnity policy, but ONLY if you have not asked building control to look at it. Link to comment Share on other sites More sharing options...
nina Posted December 2, 2020 Author Share Posted December 2, 2020 4 hours ago, joe90 said: My brother in law bought a 3 bed holiday house on the coast but found the “loft conversion” did not have regs so he haggled the price down to a two bed (but he didn’t need a mortgage). do u think it will be an issue with banks to approve mortgage even if I claim to be storage room only? Link to comment Share on other sites More sharing options...
joe90 Posted December 2, 2020 Share Posted December 2, 2020 Just now, nina said: do u think it will be an issue with banks to approve mortgage even if I claim to be storage room only? I don’t see why, they are only interested in value for money, if you default they just want their money back . Link to comment Share on other sites More sharing options...
nina Posted December 2, 2020 Author Share Posted December 2, 2020 3 hours ago, ProDave said: Sometimes, if it can be proved that the work was done a long time ago, longer than the period building control can take enforcement action, then upon sale you can buy an indemnity policy, but ONLY if you have not asked building control to look at it. will that preiod be 10 years or more? Sorry I don't quite understand what indemnity policy is for, is it not down to buyer who should buy the indemnity insurance? Wish we had took time to consult council before this done... we are really no brainer, it was only used for guest to stay occasionally now I dont know what we should really do, maybe carry out remedial work to meet standards rather than it being a drag to house value also mortgage pain Link to comment Share on other sites More sharing options...
Gone West Posted December 2, 2020 Share Posted December 2, 2020 21 minutes ago, nina said: will that preiod be 10 years or more? Action by Building Control can only be taking up to two years after completion. https://www.planningportal.co.uk/info/200128/building_control/38/building_regulations/3 1 Link to comment Share on other sites More sharing options...
nina Posted December 3, 2020 Author Share Posted December 3, 2020 7 hours ago, joe90 said: I don’t see why, they are only interested in value for money, if you default they just want their money back . but in reality some lenders will turn down mortgage if this loft space has not got a buiding approval right? seems like it is bigger trouble when selling the property in the future, such as headache. What an idiot I am? Link to comment Share on other sites More sharing options...
nina Posted December 3, 2020 Author Share Posted December 3, 2020 7 hours ago, PeterStarck said: Action by Building Control can only be taking up to two years after completion. https://www.planningportal.co.uk/info/200128/building_control/38/building_regulations/3 so technically they wont be able to carry out enforment if the conversion was done for 2 years or longer right>? but I am still in disadvantage when selling house, I am trying to make things right here but still not sure how to and the consequences...awkward Link to comment Share on other sites More sharing options...
nina Posted December 3, 2020 Author Share Posted December 3, 2020 7 hours ago, PeterStarck said: Action by Building Control can only be taking up to two years after completion. https://www.planningportal.co.uk/info/200128/building_control/38/building_regulations/3 I am curious in how exactly will they know the age of conversion Link to comment Share on other sites More sharing options...
Gone West Posted December 3, 2020 Share Posted December 3, 2020 7 hours ago, nina said: I am curious in how exactly will they know the age of conversion It's unlikely they would be able to find out, but if there were an injury/death due to the works then I should imagine they would do a lot of searching. Link to comment Share on other sites More sharing options...
PeterW Posted December 3, 2020 Share Posted December 3, 2020 7 hours ago, nina said: so technically they wont be able to carry out enforment if the conversion was done for 2 years or longer right>? but I am still in disadvantage when selling house, I am trying to make things right here but still not sure how to and the consequences...awkward If you fail to declare the works and sell it as “completed unknown” and an issue comes to light it would be classed as fraud which is a criminal offence. Regularising works isn’t an issue and they do it a lot - will just be £4-600 of fees I expect. Link to comment Share on other sites More sharing options...
ProDave Posted December 3, 2020 Share Posted December 3, 2020 45 minutes ago, PeterW said: Regularising works isn’t an issue and they do it a lot - will just be £4-600 of fees I expect. Plus the cost of any work to make it comply, which could be rip it all out and start completely from scratch. Link to comment Share on other sites More sharing options...
joe90 Posted December 3, 2020 Share Posted December 3, 2020 My son bought a Victorian terraced house that included a loft habitable floor (same as the rest of the rank) but would in no way pass building regs but he had no problem getting a mortgage. Link to comment Share on other sites More sharing options...
nina Posted December 4, 2020 Author Share Posted December 4, 2020 15 hours ago, ProDave said: Plus the cost of any work to make it comply, which could be rip it all out and start completely from scratch. so in worse scenario will be undo everything right? I am willing to pay the expense as long as things can be put right, it was our mistake in the first place anyway. A friend suggested that I can make a regularisation to local council but I have not much information to provide as the work was done long time ago. The council website suggested that it might be necessary to expose all or part of structural work in order to prove that it meets regulations. If I get building control or surveyor to inspect, will they be able to guide us all the problems and how to retroverse? Link to comment Share on other sites More sharing options...
Ferdinand Posted December 4, 2020 Share Posted December 4, 2020 On 03/12/2020 at 00:41, nina said: I am curious in how exactly will they know the age of conversion You have to prove it. Link to comment Share on other sites More sharing options...
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