Does a Loft Conversion need Planning Permission and Building Control Sign Off?

If the roof has been extended in some way outside of its original structure or there has been an installation of a dormer window, generally speaking planning permission will be required. If you are in doubt it is always best contact a planning officer and obtain written confirmation from them as to whether or not planning permission is required. Having this written confirmation is useful whilst you are the owner of the Property as well as on resale.

Building control sign off will however, always be required if you are converting the space into a habitable room.

The Issue of Habitability

When a loft is converted it is usually to form further bedrooms or living spaces. Building control sign off is confirmation from a legal perspective that at the time the works were carried out they meet the correct standards to be classed as a habitable space.

In the absence of building control sign off and from a legal standpoint we are unable to confirm whether or not the loft conversion would be classed as habitable. In all cases it is essential that you speak with a surveyor to ascertain the condition of the loft conversion and whether or not it meets current building control standards.

The reason habitability is important is because if you look to purchase a property with four bedrooms as a result of a loft conversion and the fourth room does not meet the appropriate habitability standards then you could in fact be purchasing a three bedroom property. This is likely to affect the value of the property and if you are purchasing with a mortgage then the lender may adjust the borrowing to reflect this.

Loft Conversions after the mid-1990s

If the loft has been converted after the implementation of building control completion certificates then in an ideal world you would want to see this no matter how old the works. This completion certificate is confirmation from Building Control that at the time the loft was converted it met the current regulations and was considered habitable.

From a legal perspective and an enforcement point of view the Council can only take action against you if the work was carried out in the last 12 months, however just because the work is over 12 months old doesn’t actually make it habitable. In addition, if a loft space is not classed as habitable and it is being used as a bedroom then there could be a higher risk to health and safety. The exception to the 12 month enforcement rule is where there is a risk to health and safety and in such cases the enforcement period becomes unlimited, meaning the Council could look to take action against you at any time after the works have completed.

What to do if you do not have building control sign off? – Again, it is essential that you speak to your surveyor to assess the habitability of the space. If the surveyor believes it to be habitable you can consider relying on this, however this could be raised on resale and you could be asked to obtain retrospective building control sign off. Also if your surveyor is incorrect then you could suffer the consequences later on.

If your surveyor thinks the space is not habitable then you should consider the following:

• Asking the Seller to get building control sign off for the works/and carry out any associated works relating to this.
• Negotiate a price reduction.
• Indemnity Insurance.
• Does your mortgage provider need to know?

Loft Conversions before the mid-1990s

If your loft has been converted before the distribution of building control completion certificates the issue of habitability still needs to be addressed.

Again, a surveyor would need to confirm the condition and habitability of the loft conversion and if your surveyor does not consider the space to be habitable then you should consider the following:

• A price reduction to factor into any loss in value/the cost of works needed to make the space habitable.
• Asking the Sellers to carry out necessary works to bring it up to the correct standards to make it habitable and obtain building control sign off.

Always consider that if there is a risk to health and safety the enforcement period for building control is unlimited!

In addition, do consider any mortgage you are taking out, particularly the lender valuation. Does the lender class the rooms as bedrooms? Are they just considered loft rooms? Discuss this with your solicitor and your surveyor and find the right course of action to take.

Indemnity Insurance

You could look to take out an indemnity policy in case the Council tries to take enforcement action against you for lack of building control sign off for the loft conversion, however this may be of limited value, given the enforcement periods noted above.

Remember! The policy will only pay out if the claim is as a result of enforcement action being taken by the Council, not if the works are defective and you have to pay out money to fix these problems. Ultimately, effecting indemnity insurance will not make the loft a habitable room from a building regulation point of view.