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Hey all,

I'm selling a semi-detached house built ~1890 on 4 floors. Ground level is at level 2 at the front and level 1 at the rear (steps go down the side of the house). The layout is as follows:



Level 1 has always been a habitable space. This picture shows the level 1 rear room used as a reception area before we purchased the house:



The window and door have been replaced (with building control approval), wood burner fitted by a hetas engineer and rewire completed by a niceic electrician. The walls have been skimmed and painted. The room now looks like this:




The buyers solicitor is saying:

Our client’s survey report is clear on the point that the downstairs conversions were not done to Building Control Standards and there is no Building Regulations Completion Certificate to confirm that the works are compliant. Without the Compliant certificate to verify that the rooms in the cellar have been safely converted to habitable rooms, the bedroom and bathroom in the cellar cannot be known and viewed as such rooms. What is needed is for an expert to establish what works are needed to bring both of these rooms up to Building Regulations Standard to then ensure that once regularised by Building Control, they would be accepted. An indemnity policy for this issue will not correct the issue. We will need to report this serious point to the Mortgage Lender for the valuers comments but firstly need the expert to confirm what works are needed to bring them up to standard.

From everyhting I have read I thought building control isn't needed for skimming and painting the walls? Also I can sell the house classifying this room as a bedroom as it meets the minimum size requirements and has an adequate means of escape?

The buyer seems to be under the impression that I should have had the walls tanked and had this approved by building control.

Any advice or thoughts would be very much appreciated.

The thing about this issue is it is likely to crop up again so it would be best to get it all sorted. I would start by asking Building Control to call in and advise you on what is needed if anything. Meanwhile, I would call the solicitor's bluff and tell the buyers you are pulling out as their solicitor has pointed out that he will not support their purchase and they are clearly not happy. If they walk then I would accept that this is karma and it was not meant to be at this time. At least you can get all the paper sorted for the next time. Retrospective approval is straight forward but takes a bit of time.

DWD

Thanks DWD. Where I am I don't think building control will call round without me putting in some paperwork and paying for something (I used them before for other work).

I emailed the question today but not sure when or if they will respond. Fingers crossed!

My understanding is that if the Council do not discover the alteration within 4 years then it is exempt from enforcement, should that be necessary. This building has existed since 1890 and somewhere along the line this was made into a more habitable space. In all probability it may well have been the original kitchen/scullery/coals store a layout common to Victorian homes. The main test is when these areas were converted into a bedroom and bathroom as Building Regs approval might have been needed for drainage etc. This is not a planning issue as I see it, it is a retrospective Building Control approval that may or may not be required. Play hardball, say to the buyers that if you want the house sort out the lender, the price is the same so eff off if you do not want to go ahead. Bloody pencil neck solicitors.

DWD