Attic Scenario

Hi, Anybody know the ins and outs of attic coversions - habitable/non-habitable? Basically, I'm in the process of selling my house - a couple of years ago, I boarded out the attic floor (screwed chipboard down) and put some insulation in the rafters and put a velux in the rear - never did anything structural, all the space was for was storage. A potential buyer got a local engineer to survey the house - this guy has flagged my DIY work in the attic as a possible flout of planning and doesn't comply with regs? How can this be - as the attic is 'non-habitable' and is only used for storage?

Hi Johnjo. I reckon that the only problem you have is the Velux window. Up to recently, at least, if you put in a Velux window, you had to have planning permission to do so. However, I think that this only applied to the front of the house, i.e., if it faced out the back, there wasn't a problem. At worst, I reckon you'll have to apply for retention but you will have to check with your local planning department..

And it's quite possible that the buyer really likes your house and he/she sees this as a possible way for getting you to drop the price, now that they've discovered a "problem."

What specific regulations does he claim the floor does not comply with?

I am not aware of any specific regulations a floored-out attic used for occasional storage must comply with, other than those which might apply to a regular unfloored attic.

They are trying it on to get you to drop your price.

Unless you have a fixed permanent staircase to the attic there are no grounds for this to be classed as anything other than storage space.

As them for a summary of the items that are causing the engineer problems with his interpretation of the planning guidelines and the building regulations. Also ask for the engineers qualifications.

If the attic space is described in sales information and used for storage then you have no problem.

The engineer is possibly not entirely familiar with the regulations, or has for some reason thought the attic to be a habitable space, or you have a purchaser who is trying to hammer down the price.

A rear facing Velux (or similar manufacturer's) roof light serving an attic store does not require planning permission. This issue has been surrounded by quite a lot of confusion in the past. While this is not stated specifically in the planning regulation’s list of exemptions, an Bord Pleanala has ruled on this issue:

"NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by
section 5 (3) (a) of the 2000 Act, hereby decides that -
(a) the said installation of six number roof lights in the eastern roof plane of the
dwelling house is development and is exempted development, ..."

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You can refer the purchaser, their solicitor etc. to the above case.

You have created a storage space not a habitable space, therefore:
Fire regulations (Part B) do not apply,
Ventilation regulations (Part F) do not apply - (Where heights are regulated),
Staircase Requirements do not apply (Part K), as you have created a store, and therefore could have installed only a ladder.
Structural requirements (Part A) are not applicable as you are merely storing stuff in an attic, which is something that is routinely done. (A proper attic conversion designed as habitable space would normally require ceiling joists to be strengthened to carry additional loading).
Insulation & Ventilation requirements (to prevent condensation within the roof structure) remain unchanged, -there is no requirement to upgrade roof insulation when flooring out an attic for storage (although it would be beneficial to do so).

In short, and from the information you have provided, your attic work to provide storage space does not contravene any Building Regulations or Planning Regulations (unless the house is a Protected Structure).

DBK100 - MESH Architects
http://www.mesh.ie/

If its not an actual attic "conversion" you should make that clear at the outset.

If it is an attic conversion you will also need - as a minimum - to comply with:

Part B
http://www.environ.ie/en/Publications/DevelopmentandHousing/BuildingStandards/FileDownLoad,1640,en.pdf

and

Part K
http://www.environ.ie/en/Publications/DevelopmentandHousing/BuildingStandards/FileDownLoad,1651,en.pdf

Insulation should be installed in compliance with Part F of the Building Regulations

Part F Dia. 6, P.11 of
http://www.environ.ie/en/Publications/DevelopmentandHousing/BuildingStandards/FileDownLoad,1647,en.pdf

Your work may affect other building regulations and other areas of legislation.

If your house is a protected structure or in an architectural conservation area, there may be other issues involved.

You may need to take professional advice on this if you are not technically competent in these areas.

Take note that some attic conversion companies may not be technically competent either and you should seek professional advice either privately or from the Council.

This advice above is given remote from the action and is based on what may be inadequate information about the installation.

My best advice is that you should retain a building professional to advise you.

FWIW

ONQ.

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