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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10459
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Does building control or planning requirements drop if the

Resolved Question:

Does building control or planning requirements drop if the work was done 15 years ago.
In regards ***** ***** loft conversion.
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Planning permission is not required for a loft conversion provided the work carried out did not involve any external alterations (eg installing larger windows).

You do however require Building Regulations. Councils will not take any enforcement action for breach of Building Regulations if the work was carried out over 12 months ago.

I hope this assists and sets out the legal position.

Kind Regards

Al

Customer: replied 2 years ago.

What does that mean in terms of letting a loft conversion

and would the property have to sold as an 'unregulated' loft conversion?

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Are you saying is the Landlord under a duty to disclose that the loft conversion within a house he is renting did not have Building Regulations?

Kind Regards

Al

Customer: replied 2 years ago.

No I am the owner of the property and had a loft conversion carried out by a competent builder about 15/16 years ago. however no building inspector ever inspected the work.

I let out the house but not the loft because I thought that wouldn't be legal as It doesn't have building regulations.

As I am now selling the property based upon your earlier comment wonder if I need to advertise it as an 'unregulated' loft.

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks.

Now that you are selling, your Agent will need to advertise it as "loft space" I'm afraid.

You could get the Council out and get a "regularisation certificate" (which is retrospective Building Regulations approval) if you wanted and were confident there wouldn't be any issues- Building Control won't insist that th loft complies with curren Building Regs, they will just check that it meets with the standards of when it was done 15 years ago. If you have any photos of the work, this would help them.

I would probably advice this and you could then sell with "a loft conversion".

I hope this helps.

Kind Regards

Al

Customer: replied 2 years ago.

Hi Aston thanks for that

Would I be legally bound to make the changes once I invited them in or will I still retain the right to keep it as a 'loft space'

Expert:  Aston Lawyer replied 2 years ago.

Hi,

You wouldn't have to carry out any remedial works if you didn't want to. It would just mean you wouldn't get the retrospective Building Regs, and yes, it would remain as "loft space".

Kind Regards

Al

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