Loft will be considered habitable space

[john k]

I have a loft which has been used for years as storage.  The floor is suspended so not on the ceiling joists and also has a fixed starcase leading up to it.

Three years ago I had two dormer windows fitted by a good builder after geting planning permission from the local authority.  Now I am selling and it appears that I should have got Building Regs too.  No one told me this and neither did the planning office or my builder.   Now I am in the position where I may have to obtain a Regularization certificate to counter the lack of Building regs.  I am worried if the inspector might see the space as habitable space as it has been plasterboarded and carpeted.   I have looked on the internet and it states that they can't make you remove or alter anythng which was completed over 12 months ago.  I can't get an indemnity as I contacted the local authority, so what can they do if they do come round?   Thanks in advance.

[Ferdinand]

If you do not intend to sell it as habitable space, then it will surely (?) not be very important if he declares it to be habitable space.

 

If he declares it not to be so, you are either exactly where you are now, or know what you need to do to make it habitable.

 

Otoh is it is habitable, then won’t your house be worth more?

 

As a buyer, I would be looking for something where I knew the proven  status, or making the worst assumption should you not be able to tell me.

 

One way could be to ask a loft conversion company to quote for making it into bedroom x+1 .

 

F

 

 

 

 

Edited July 3, 2018 by Ferdinand

[Mr Punter]

The LA are not going to do anything about it.  It is very difficult to control the use of privately owned property.  You may be in hot water if you rent it, however.  Carpet and stairs could just make it a games or hobby room.

[PeterW]

What do the estate agents details say..?  If it says storage then it’s more “defendable” than you saying it. If it says study/bedroom etc then it’s a problem as it’s potential misrepresentation ... 

[john k]

Thanks,  someone else said similar. 

Just now, PeterW said:

What do the estate agents details say..?  If it says storage then it’s more “defendable” than you saying it. If it says study/bedroom etc then it’s a problem as it’s potential misrepresentation ... 

 

It has been removed from the site now so it can't be viewed, but the plan drawer added his own ideas of what it was even though I told the estate agent is was storage only.  As I said I told the buyers it was for storage only and they were happy with that. Cheers

[john k]

6 minutes ago, Mr Punter said:

The LA are not going to do anything about it.  It is very difficult to control the use of privately owned property.  You may be in hot water if you rent it, however.  Carpet and stairs could just make it a games or hobby room.

That's what someone else told me.  Maybe they will give me a regularization certificate without any problem.  I hope that will be the case anyway. Cheers

[ProDave]

Making the sructural alterations to the roof for the dormers would have required building regs even if it was still just a store room. That is more likely what the buyer and their lender will be bothered about.  I am surprised the builder did not mention that, he should have known.

 

Often it's possible to "solve" this with an indemnity policy but ONLY if you have not tried to resolve it with building control. Talk to your solicitor about offering that option first before doing any more.

[john k]

1 minute ago, ProDave said:

Making the sructural alterations to the roof for the dormers would have required building regs even if it was still just a store room. That is more likely what the buyer and their lender will be bothered about.  I am surprised the builder did not mention that, he should have known.

 

Often it's possible to "solve" this with an indemnity policy but ONLY if you have not tried to resolve it with building control. Talk to your solicitor about offering that option first before doing any more.

I have been offered an indemnity but with limited scope because I did call them not realising the consequences.  I am just wauting to see if the buyers accept it.  If they don't then it will be via the Building Control.  Yes the builder should have told me but he didn't. Thanks

[Ferdinand]

55 minutes ago, john k said:

Thanks,  someone else said similar. 

 

It has been removed from the site now so it can't be viewed, but the plan drawer added his own ideas of what it was even though I told the estate agent is was storage only.  As I said I told the buyers it was for storage only and they were happy with that. Cheers

 

They tend to leave the archives on Zoopla etc.

 

If you go through the Prices options to your street the details will probably be linked from there.

[Ferdinand]

Can you get a regularisation certificate from a Private BCO?

[john k]

2 minutes ago, Ferdinand said:

Can you get a regularisation certificate from a Private BCO?

 I didn't know I could.  I'll look into that but it will probably cost me a lot more but it may be worth it.

[john k]

4 minutes ago, Ferdinand said:

 

They tend to leave the archives on Zoopla etc.

 

If you go through the Prices options to your street the details will probably be linked from there.

It was me who asked them to delete it in case the LA checked. 

[CC45]

Are there any insurance implications here?  I have a vague memory of a case recently where a house burnt down and the insurance company refused to pay out because of 'habitable' space in the loft.

 

 

[recoveringbuilder]

Just wondering if anyone can help me here. Kit firm has supplied two loft hatches, one for each side of house as the middle section has no loft space anyway, my problem is I don’t want them in the bedroom ceilings and thought they could be in the dressing room or ensuite however builders have said today that there is no room for them there, do I have to have them?

[Declan52]

If the hatches you already have are too large it's not a big job to form an opening to suit the size of the rooms you want them in.

[recoveringbuilder]

We’ve just been out and measured, looks like the joiners are just being awkward, they will not be in the bedrooms take it from me?

[ProDave]

If you don't want it for storage and there are no services there to maintain, I don't think you have to have a hatch. but personally I would want one, even if by moving it to a different room meant it had to be smaller.

 

A lot of "joiners" only want to fit pre made standard sizes hatches rather than make a custom small one to fit the space.

[Declan52]

Will the ones you have fit then???

[recoveringbuilder]

Yes they certainly will! Who the hell wants a big loft hatch in the middle of a bedroom ceiling, think he’s just being awkward but it won’t happen believe me, hubby will fit it himself if it comes to it, I think they’re forgetting we’ve done all this before and on our own without a lot of tradesmen!

[Declan52]

I agree it's not the sort of thing you would want on the bedroom ceiling. It's not a lot of work to create the opening a few hrs is plenty. 

Can you get the openings sorted before the plasterboard goes on?? Will save a fair bit of work and mess.

[recoveringbuilder]

Oh they’ve already boarded it!

[Declan52]

Ok. Just a bit messy/dusty job cutting the hole. No big deal.

[Simplysimon]

if the opening is wider than the space between the joists it's a bit more than that

[Declan52]

If the hatches that she has don't fit nicely between the width of 3 truss/joists then they will have to make a frame and lid and the surrounding timber to suit. The truss/joist should be spaced 400mm or 600mm centers to suit plasterboard so the kit she has really should fit.

[recoveringbuilder]

Yes they are 600 centres and the hatches will fit, I can’t see why they’re saying they won’t fit in dressing rooms because all the joists are the same so if they don’t fit d/r they won’t fit anywhere, I haven’t been up there as don’t like ladders but I do know they won’t be in the bedroom!