Buying a house - falls over at the last minute (Building Reg Approval)

[MarillionFan]

Difference in cost is huge between X and X-1. Doesn't need planning permission as it is so long ago but would require retrospective building regs to rent out.

So that's not the vendors issue is it. They're selling a home which meets the criteria of a home. You want a BTL which doesn't meet the criteria. They don't care.

I'd find out the cost of the retrospective building regs and drop your offer accordingly. If they don't accept you lose 1k and they lose their costs so far.

I once had someone pull out of a property deal because they'd changed their minds. Cost be a 1K. I got my solicitor to write a letter, they're solicitor said get lost.

[SueEllen]

I once had someone pull out of a property deal because they'd changed their minds. Cost be a 1K. I got my solicitor to write a letter, they're solicitor said get lost.

In England you can pull out of a property deal any time until the contracts are exchanged. It doesn't matter how much money the parties have spent so the other solicitor was right in telling you to get lost.

In this case the issue is the vendor and the estate agent both misrepresented the property. This is a completely different law to the one on purchasing property.

As the estate agent was aware the property had a bedroom which legally cannot be called or used as a bedroom, then it sounds like they deliberately misrepresented the property.

Most estate agents are careful where there are issues with things like this to not state in the advert that the room is a bedroom. They may take a photograph and say it's a storage room just to protect themselves for any possible legal action.

[NorthWestPerm2Contr]

So that's not the vendors issue is it. They're selling a home which meets the criteria of a home. You want a BTL which doesn't meet the criteria. They don't care.

I'd find out the cost of the retrospective building regs and drop your offer accordingly. If they don't accept you lose 1k and they lose their costs so far.

I once had someone pull out of a property deal because they'd changed their minds. Cost be a 1K. I got my solicitor to write a letter, they're solicitor said get lost.

Sure it meets the criteria of a home but not at the number of bedrooms specified:

From the trading standards website:

Extensions and loft conversions:

Conversions have created problems where an estate agent has described a room as a bedroom, but it has not been subject to planning or building regulation approval and, thus, is not suitable to be used as such. If a vendor is unable to supply details, then the planning office should be approached for confirmation. If you are unable to establish that the extension was correctly approved, then great care needs to be exercised - either describing the room as a boarded loft area, or stating clearly that planning permission for the room has not been provided

So could I legitimately resell/rent out the house as an X bed house - absolutely not. The loft was converted so long ago that it would require huge amounts of work - which is way they are refusing the retrospective building regs check.

[NorthWestPerm2Contr]

In England you can pull out of a property deal any time until the contracts are exchanged. It doesn't matter how much money the parties have spent so the other solicitor was right in telling you to get lost.

In this case the issue is the vendor and the estate agent both misrepresented the property. This is a completely different law to the one on purchasing property.

As the estate agent was aware the property had a bedroom which legally cannot be called or used as a bedroom, then it sounds like they deliberately misrepresented the property.

Most estate agents are careful where there are issues with things like this to not state in the advert that the room is a bedroom. They may take a photograph and say it's a storage room just to protect themselves for any possible legal action.

WSS (thanks Sue).

Furthermore they can state it as a room (but not a bedroom) but clarify it does not have planning permission.

The last point you mentioned there is spot on - I don't for a second believe that the estate agent didn't know what they are doing. If a newbie like me can figure out the law after 1 experience then an experienced estate agent will bloody well know what the law is. This is why I am so annoyed at the whole thing.

[NorthWestPerm2Contr]

And the house is back on. Survey done, price discounted and we are nearly there!