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Loft conversion does not have building regs approval
Hello,
We’re about to sell a house which had a loft conversion done (not to building regs).
It’s a velux conversion not a dormer.
It’s been advertised as 3 bed (so doesn’t include the loft as a room- it is not being classed as a bedroom)
would I still need an indemnity insurance? It’s used as a room by us but isn’t marketed as a bedroom – has velux, stairs, fire door, smoke alarm, insulation etc.
thanks!
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5 Replies
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It will depend on the buyer.
An indemnity is great for you but a waste of paper for the buyer.
If it has all the basics why does it not have building regs sign off, surely it would have added significant value as a legal bedroom rather than illegal one.
Building control now have 10 years to take enforcement action rather than 2, so some conveyancers are less likely to recommend an indemnity these days.
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You can sell it as a deposit area and not as a room. Without appropriate documents, it is just a deposit area.
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Whoever is telling you this isn’t an issue is misinformed.
You have a duty to truthfully reply to anything you are asked by the buyer. If you don’t and are later found out to have been dishonest (this post would be sufficient evidence that you knew about the loft), you can be made liable for any costs associated with putting right or the sale can even be reversed.
Most buyers would be put off buying a property which is possibly built to sub-building regulations standard. A buyer’s solicitor would have to be a bit of a baffoon to miss an unregulated extension.
Your best bet is to regularise the works via the council’s building control (can’t go private for regularisation).
If you are set on selling, I would do this ASAP. The council will likely ask you to open up walls, floors and ceilings for inspections. Put some money aside for this – even where you don’t need to undertake remedial works you will need to snag all the openings.
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Talk to your conveyancer / solicitor first and get their advice.
If anyone contacts the local authority you likely will be unable to get an indemnity insurance.
An indemnity will be much much cheaper than retrospectively applying for building control approval, which may require ££A WHOLE LOAD££ of work to bring loft etc up to current regs.
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If you apply for retrospect buildings or you may be told to put it back to original, i.e. loft hatch etc, that happened to us when we bought our house that we now live in.
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