attic -planning permission?

[tali122]

i wished to purchase a terraced house it has an attic built a couple of years ago -the owner tells me that the time it was built(a few years ago) that no planning /building permission was required (wheras it is now) due to a change in legislation- so his he right? or is it an illegal build?

[buildersmate]

Wrong. Planning Permission has been around since 1948. However it is possible that he used what are known as Permitted Development Rights to extend the property. This is OK, but it is unlikely he used this route if there is a dormer window in the roof - post again if you need more info on this.

Either way, he would definitely have had to have Building Control Approval for this modification to ensure that minimum construction standards were met - particualrly insulation standards, method of exit in the event of fire and roof / joist construction in the attic.

[tali122]

thanks as far as im aware the attic has a skylight window -does that make a difference?- also what about a mortgage survey, i asume the lender would reject in these circumstances?, -is the house unsellable?- amazingly the selling agent himself suggested this!!, although i am aware of properties exactly like the one i mentioned having been sold at market value

[curiosity]

It depends what he claimed the space was used for. If an attic space is declared to be for storage, then no planning permission is needed. i know of people who have done this. But if he is selling it officially as a room i.e bedroom, then he should have planning permission. So if the price you are paying is taking into account the room as a habitable room, then I think you should address this with him, as to resell yourself, someone might be more picky and you could lose the value. Using it officially as a room needs certain insulation & fire regulation standards and could be costly, if you are happy to accept it as storage space and use it as a room then that's up to you, but you won't be able to declare it as a room unless you get it inspected (costs around �300) plus what any work the council insist on to get it habitable at their standards.

[Hgrove]

Can I make a suggestion - visit the local authority website; it may, like my local authority's site, list all applications for both planning permission and permitted deveopment, together with outcome - whether they got permission or not. My local authority's website has records going back to 1948 and all you need is the address of the property. Incidentally, we recently had our loft converted under permitted development; certificate issued 2004, work carried out 2005. Ours has two dormers in the roof on the garden side and two roof windows on the street side.

[jake-the-peg]

I'd be very wary about this.

As buildersmate points out Building Control is a worry. Attic "joists" are not joists they're rafters. They would have been put in to support a ceiling not a floor. A lot of cowboy jobs would floor over them and not replace them with the stronger ones required.

Personally I'd not walk away - I'd run! but if you're really keen make sure you get a full structural survey and brief the surveyer before about your concerns.

[buildersmate]

Bringing all the above back together again.

Putting a skylight in the roof does not need Planning Permission (because the external shape of the dwelling is unaltered). Extending by adding a loft conversion does not need Planning Permission provided the VOLUME of the extension does not exceed 40 cubic metres (for the type of house you quoted) - as far as I known this is irrespective of what one is going to use it for (either storage or habitable space). But both the above statements may need qualification if the house is in a Conservation Area, in an AONB or it has already been extended before, so best to check with the Planning Department. Many councils have records on websites now but those that have put backrecords up since 1948 I reckon are rare. You may have to visit the offices. That deals with the Planning Permission side.

Building Regs definitely would have been required if the dwelling is claimed to be a habitable room - which seems likely since a skylight was put up there. My earlier comments about what construction areas this covers are above. If he didn't get apply for this, then the posting above about 'discounting' the value is pragmatic - the seller can't claim it as a bedroom - only storage space. It isn't illegal. Once you have purchased, you could get retrospective permission, if you wanted to - but you need to evaluate what the cost of mods might be to do this.

The lender's survey is most unlikely to find this - it is merely checking the sum you propose to borrow will be covered by the minimum market value of the house.

[tali122]

thanks to all again - the owner is selling stating this attic as a 3rd bedroom - not as a storage area, also i have tried to check planning apps (and only the school opposite the house comes on the list)