Attic Conversion Planning Exemption - Loophole or costly mistake?

Fredser

Hi all,

I am looking closely at the following information contained on atticconversions.ie: (who appear to be a reputable firm)


"Most attic conversions are exempt from planning permission because the ceilings
are not high enough to qualify as “Habitable Accommodation"...."

"With very few exceptions, attic conversions are carried out as “non habitable storage rooms". In reality, however, they are used as bedrooms, offices, studies, games or computer rooms,and emergency guest bedrooms..."

This seems to suggest a loophole where you can declare a room as non-habitable but actually use it as a living space.

My question is this : If in reality the room is used for HABITABLE purposes then surely you are flouting the planning laws and could have action taken against you by the planning authorities?

Anybody with any real useful insight/knowledge on this?

Regards

Fredser

Bluehair

Personally I wouldn't be thrilled about the situation.

A friend is about to embark on an attic conversion and has been told largely what is above. Since it will be a games room he's not too bothered but two points came out in the discussion.

1./When it comes to selling you could not legally refer to the conversion as an 'extra bedroom'.

2./If you were using it as a bedroom and god forbid there was ever some kind of problem warrenting calling your insurance company I suspect they may be problems.

Victor

The fee is less than €100, apply for planning permission.

From a construction point of veiw, make sure the joists are adequate.

slopey

Had a meeting with a planning office this morning, was told that for an attic area to to be considered a habitable space you had to have a ceiling height of at least 2.4m over half the room area.

MorningStar

Victor wrote:

The fee is less than €100, apply for planning permission.

From a construction point of veiw, make sure the joists are adequate.

I though the fee was really cheap like €15-30 it's the drawings that have to be provided that are the cost. The OS map is also about €15 if I remember. It's been a while so I am open to correction.

I think there are legal problems with a non habitable room and any accidents in said room. If somebody died in a fire there your insurance might not cover it and/or you maybe seen as criminally neglagent if you ignore a fire rule such as a 3 storey house not having a escape route in the attic. (not sure that is rule).

My house has a room in the atticwhich was used but we only use it as storage mostly because of access issues and lack of additional insulation.

Dub13

this is why a 3 bed semi with an Attic Conversion is not sold as a 4 bed...but the estate agents get around this by advertising it as 3 bed semi/Attic Conversion

Branners

It shouldn't be a problem as planning laws state you can do up any room in your house as you like without permission. As the lads said you cannot sell the house as a four bed but if you put roof windows in the attic you will need permission.

Basically you can do what you like inside the attic but if you change the outside you have to apply for permission.

I'm an architectural technician and if you need anymore info give us a shout, I wouldn't have a clue insurance wise about the habitable change , But permission costs 34 euro for an attic converstion, 100 euro approx for add in the newspaper(obligitary for permission), the sitemaps from the OS cost about 60 euroe for a planning pack of 6 drawings sehich are needed and the cost of the drawings which could range from 500 euro to 3000 euro depending on the architect you use!

Fredser

Thanks for the reponses folks. Alas there was nothing new there that I did not already know. The question still remains "Could the planning authorites take action against people with said conversions, or is it some kind of loophole?"

Regards

Fredser

Branners

No they couldn't, unless you were renting the room out
or something, but if its just one of the family they can't do much.

lomb

you can do what u want anyway, and if 5 years has elapsed then permission is automatic if no one complains.

MorningStar

lomb wrote:

you can do what u want anyway, and if 5 years has elapsed then permission is automatic if no one complains.

Planning is never automatic you would need to apply to rentention after the fact even 15 years let alone 5.
Safety is an issue, the habitable room rules aren't just about stupid rules but rules that make sure people don't get harmed.

lomb

Alot of businessmen never bother with planning and apply for retention if the change is such that no one notices.

MorningStar

lomb wrote:

Alot of businessmen never bother with planning and apply for retention if the change is such that no one notices.

Not automatic as originally said and objection can be filed against it when applying for retention. A property near my rented property just got a floor taken off it after somebody tried the old add a story trick. It happens rarely but if somebody dislikes what you have done they can get results.

Retroactive fines could come up in the future in much the same way the tax revenue did on stuff done in the 80s. They could bring in tomorrow and the public would back it.