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To buy a house with old uncertified loft conversion?

The article discusses the complexities and risks associated with purchasing a house that features an old, uncertified loft conversion. The original inquiry comes from Jane, a prospective homebuyer, who is considering a property advertised as a three-bedroom house, where the third bedroom is an attic conversion. However, she has discovered that the loft conversion lacks proper documentation, including building regulations inspections and certification, despite the estate agent's claim that certification was not required when the work was done prior to 2007. The agent has since acknowledged that the loft cannot be legally classified as a bedroom for sales purposes. Jane's primary concerns revolve around the structural integrity, insulation, and safety of the conversion, prompting her to consider a full structural survey. She questions whether she would need the seller's permission for invasive inspections, such as lifting floorboards and wall panels, and if mortgage lenders would approve a loan for such a property. Furthermore, she is interested in whether a problematic survey would allow her to renegotiate the offer price, and she aims to avoid unnecessary legal and mortgage application fees if the purchase is likely to be a significant burden. Expert responses to Jane's dilemma highlight several critical points. Mark Alexander suggests a structural survey is prudent but requires the vendor's permission. He notes that the vendor might be willing to pay for the survey or consider an indemnity policy, a common solution for such issues. If not, he advises Jane to reconsider the purchase, suggesting the vendor might have faced similar problems during their own purchase. Steven Way challenges the estate agent's assertion that building regulation approval wasn't required, stating that such approval has been mandatory for similar work since at least 1965. He recommends a surveyor to assess structural aspects, staircase design, fire safety, and fire separation. He also points out that while an indemnity policy is an option, a satisfactory conversion could still pose issues during future resales. R01 shares a personal experience of buying a bungalow with an uncertified 1970s loft conversion, where a visit to the local council's building control department led to a retrospective certificate being issued for free, as the original builder had simply neglected the final inspection. R01 also warns about the revaluation of the property by the Valuations Office after a building certificate is issued, potentially increasing council tax. Joe Bloggs strongly advises against relying solely on indemnity policies, clarifying that they do not cover poor workmanship or materials. He suggests demanding a significant discount to cover the cost of bringing the conversion up to current building regulations, also raising the point about potential HMO licensing requirements for a three-story property. Renovate To Let explains that indemnity policies primarily cover local authority enforcement, which is less likely for older conversions, but do not address safety, fire hazards, or insurance issues. Most insurance policies require planning consent and building control completion certificates for alterations, and their absence could lead to claims being refused, especially in cases of tenant injury. This respondent recommends that the seller apply for a regularisation certificate, which would involve an inspection and a list of necessary works. Alternatively, if the buyer proceeds, they should treat the loft as non-habitable space, with the caveat that this might create council tax implications for the landlord. Jane's final thoughts indicate that contacting building control is her next step, but she also expresses a degree of apprehension. She also notes the inconsistency in how estate agents and letting agents advertise the property's bedroom count, highlighting a potential misrepresentation. #LoftConversion #BuildingRegulations #PropertyPurchase #StructuralSurvey #IndemnityPolicy #PropertyLaw #MortgageLending #LandlordAdvice #RealEstate #LoftConversion #BuildingRegulations #PropertyPurchase #StructuralSurvey #IndemnityPolicy #PropertyLaw #MortgageLending #LandlordAdvice #RealEstate
100 months ago
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