I have got stuck with an illegal loft conversion?

The article presents a reader's question about an illegally converted loft in a property purchased in July. The property was advertised as a 2nd-floor flat with a third bedroom in the loft, but upon attempting to make updates, the buyer discovered there was no planning permission or building control involvement for the loft conversion. The buyer's solicitors are also questioned for not performing proper searches. The main query from the buyer, Kevin, is seeking advice on how to proceed. Neil Patterson, a member since February 2011, suggests that solicitors can make mistakes and have professional indemnity cover. He advises Kevin to contact his solicitors and, if unsatisfied, consider recourse with the Law Society. Jerry Stone, a member since September 2015, offers a detailed response. He clarifies that planning permission might not be required for internal changes, as planning typically deals with external aspects. He recommends checking the Planning Portal website's interactive house tool for guidance. Jerry also mentions that building regulations can be applied for retrospectively, although local authorities might double the charge. He advises seeking advice from a private building control supplier and looking into mist sprinkler systems as an economical alternative for fire prevention, especially regarding fire doors for three-story properties. He also suggests discussing potential costs with the solicitor, as the vendor should have disclosed the lack of permissions and estate agents should have verified these details. Sally Lloyd, a member since July 2013, shares a similar experience where a property advertised as a three-bedroom flat was, in fact, a one-bedroom on the plans with no landlord permission or building regulations for the extra rooms. Her solicitor advised obtaining landlord's permission and then an insurance policy against the lack of building regulations when selling, though many mortgage companies might not accept it. She is now getting quotes for the necessary work to meet building control standards. Sally warns against immediately alerting building control, as they might demand the conversion be reverted if deemed unacceptable. She plans to rent the property and eventually sell it for cash if the rectification costs are too high, acknowledging that her own failure to conduct thorough searches led to the issue. Jerry Stone responds to Sally, reiterating that private building control suppliers can offer advice. He highlights that fire doors and alarms were historically expensive, but mist sprinkler systems offer an economical solution at around £2500, potentially increasing property value. He also points out that if the changes have been in place for more than four years and planning permission was required, a certificate of lawful use can be applied for retrospectively. Sunny K, a member since August 2014, explains that loft conversions are permitted developments for houses but not flats. He suggests seeking advice from a local private planning consultant or the local council's free planning advice service, but cautions against approaching the council first if seeking indemnity insurance, as this would invalidate the insurance. He recommends retrospective planning if the structure has existed for at least four years or obtaining indemnity insurance to protect against enforcement actions. Building regulations are always required, and he advises a private inspector who would need detailed plans and structural drawings. Sunny views indemnity insurance as the cheapest and least stressful option while pursuing the solicitor's indemnity. Steve Gilbert, a member since October 2014 and former builder, discusses the solicitor's liability based on whether they were aware of the loft conversion. He notes that loft conversions generally do not need planning permission for houses if the roof shape change is at the back. However, building control is always necessary, especially if the loft is marketed as a room. He suggests retrospective building control, which incurs slightly higher costs. He highlights that inspectors apply regulations as they were when the work was completed, which can be beneficial for older conversions regarding insulation and fire regs. He emphasizes that structural stability is non-negotiable and requires steel sizes and joist details, possibly through small excavation holes. Tony Fitz, a member since June 2015, shares his experience of purchasing an indemnity policy for £200, which was accepted for a remortgage and was transferable. He also states that planning and building control authorities usually cannot demand removal or retrospective approval after 12 months from completion, advising the homeowner to ensure the conversion is safe and structurally sound. #LoftConversion #PlanningPermission #BuildingRegulations #PropertyLaw #IndemnityInsurance #LandlordAdvice #SolicitorsLiability #PropertyInvestment #LoftConversion #PlanningPermission #BuildingRegulations #PropertyLaw #IndemnityInsurance #LandlordAdvice #SolicitorsLiability #PropertyInvestment