Retrospective planning on loft conversion

[Wesley]

I'm not sure of the difference between a loft extension and a loft conversion - if there is one. It looks similar to the one shown here except it about half the size and is timber clad.

property was built pre 1900 so traditional building methods would probably have been used in the original construction.

Because the surveyor questioned the integrity of the loft extension, he has valued the property by about £30K less than the amount offered by the prospective buyers. They are still willing to press ahead with the sale as long as the issue with the loft extension can be resolved.

I am hoping that if the seller can get a Certificate of Lawful Development and also taking into account that extension has remained structurally sound for the last 40 years, that the buyers (and their solicitor) will be satisfied. Once a COLD has been issued, can it be used by any future owner wishing to sell the property?

[Hugo Nebula]

There are other measures that can be taken that have no time limit regarding dangerous buildings.

Firstly if the danger is imminent, then immediate action can be taken to prevent a danger to people in and around the building. This can be as simple as moving everyone out and fencing off the site.

If it's in such a condition as to be dangerous but doesn't warrant emergency action, then the Council can apply to a Magistrate to order the owner to either make the building safe or pull it down. Again, fencing off the building could be said to remove the danger.

The Housing department have improvement powers if the property is rented.

[Hugo Nebula]

Not the case. The Building Regulations in force at the time the work was carried out applied to it but, as no such application was made, it is unauthorised. A Regularisation Certificate can be applied for, but only for work carried out after November 1985.

[Hugo Nebula]

They wouldn't (have the powers to) do so for a single family dwellinghouse. For a house in multiple occcupation or other rented accomodation the Housing department may consult them (although I think such obligations have been removed under the RRO). In practice, provided there is sufficient smoke detection it would be accepted. There are plenty of three storey Victorian houses around without protected escape routes.

Different question.

[The Natural Philosopher]

That sounds about right...

[The Natural Philosopher]

so what is the exact case here then Hugo? It is as it is, and there's no regularising of it because it is de facto regular anyway?

[Tony Bryer]

It's not "regular anyway" - it might be totally non compliant or you just don't know (is there insulation and a vapour barrier in the dormer flat roof?) but after the stated period the LA can do nothing in most cases.

A regularisation certificate is a belated Building Regs approval so you have to show that the works complies with the Regs (in force at the time the work was done? current?), which may involve opening up, structural calcs etc. The only time I can think that you'd put yourself through this is that you're selling and a purchasers requires it or it's leasehold property and you are being required to produce a RC by the freeholder (invariably your lease would say that you needed to get the freeholder's consent and this in turn would be subject to BR approval).

[Huge]

Wrong.

You (and many other people) are confusing Planning Permission (which can be obtained retrospectively) and Building Control. Which can't. This dodgy loft conversion may be fine for planning, but the BCO may still want it taken down because it cannot be inspected.

[John Rumm]

But would have no power to insist on it (save cases of outright danger as covered in Hugo's post)

[Huge]

Hmmm. Interesting, thank you. I thought they did have such powers. Lesson learned; consult a professional.

[Mike Clarke]

I'd expect this to refer to _extra_ volume created by the work. So if the conversion was contained entirely within the existing roof space and nothing like dormer windows were added then the figure would be zero.

[Wesley]

Yes, that's correct. However it was impossible to work out how much extra space had been added compared to the original loft space. Because of the stud walls which had been constructed, there was no way to work this out.

[John Rumm]

Ignore the walls etc, just look at the change to the outer envelope of the roof. So if a dormer was added - work out the volume of the triangular bit that projects from the roof line.

So a conversion that just added roof windows and nothing else would be no increase in volume. A dormer or two would add a little, and a hip to gable conversion perhaps a bit more.

[Wesley]

Thanks John but it is not possible to get access to the 'outer envelope' of the roof because of the new walls and ceiling in the extension. - Unless I get up on the roof and try to measure it from the outside :-0.

Its easy enough to work out the volume of the dormer but not the original loftspace.

[John Rumm]

You may find you can get an estimate from outside counting tiles across and up the slope. Bit of maths will tell you the rest.

That is all you normally need - they are usually only interested in the volume added.