Can my attic conversion be counted as a room when it comes time to sell?

Thanks for sending this query in Fiona and Tim.

There is a nice mixture of building regulations and planning regulations here, so plenty to dig into, if you’ll excuse the pun. As it happens it can be quite tricky to convert the attic or roof space into what is termed ‘habitable space’. For starters I think we should understand what is meant by this term.

Habitable space is referred to in many parts of the building regulations but perhaps the clearest and most accessible explanation is the one used under Building Regulations TGD Part F Ventilation. Here habitable space is defined as a room ‘used for living and sleeping purposes’. In this document there is a calculation to establish if the room may be used as habitable space in the first instance. This calculation takes into consideration heights and the area of the space.

In your query you highlight several important aspects which must be considered when converting the attic into a habitable space. But before we look at these let’s look briefly at the background of building regulations. 

You tell us that the attic was converted in the 1970s. It might interest you and readers to know that building regulations came into effect in 1992. Prior to this however some areas, mainly urban, were subject to bylaws. 

For example, Dublin, Cork and other heavily populated areas had these bylaws. Population growth in the 1800s meant that proper sanitary and drainage facilities had to be developed to prevent disease, and these laws set out good practices. In the 1900s these laws went on to help create the platform for planning and building regulations we have today.

If your building was subject to bylaws, get a copy and see if attic conversions were covered and whether the space complied with the requirements of the time. If your building was not in an area where bylaws existed, it appears that the attic conversion wasn’t subject to building regulations, because there weren’t any. 

Building regulations are generally not retrospective. So on the face of it and in isolation, it’s my opinion that your building does not have to comply with ventilation requirements or indeed any building regulations. But let’s cross check with planning requirements.

You confirm that the attic conversion received planning permission or perhaps retention permission. I am a little unclear as to whether the conditions, attached to the grant of permission, refers to habitable space or not. 

While habitable space is very much a building regulations concern, I have witnessed conditions placed thereon by the planning authority that cross the line into building regulations (a separate department) when conditioning planning permission. If the planning section call the retention of the attic ‘storage’ then, officially, the space must be storage and not habitable space.

If the conversion was granted permission as a bedroom with a condition that it is subject to ventilation requirements under building regulations, I suggest you get in a chartered building surveyor to see how this might be best achieved. If there is no such condition, then you are back to where we were before. That is, you are not subject to building regulations compliance.

When selling your property there are lots of things that might delay the sale and it might be advisable to ‘clean up the property’ as it were. In your case you might be obliged to consider doing upgrades, because while you may be under no requirement to carry these out, it might make the property more valuable to do so.

With this in mind, I go back to your list. You have referenced some important items in your query in relation to compliance with building regulations. TGD B Fire Safety requires that you install an interconnected fire detection and alarm system and that these alarms should be mains-powered with battery back-up. A standalone battery-operated smoke alarm is no longer deemed sufficient.

The floor separating the converted attic from the lower floors may have to be fire rated. This may mean fire slabbing with layers of plasterboard, but there are other alternative proprietary fire solutions that might be used to achieve the same thing, so a bit of research is needed.

You will also have to look at service penetrations between the main building and the attic. These may need fire collars and/or fire stopping applications to prevent fire spreading between levels, but this will be dependent on how the fire rating application is carried out.

Before starting, I suggest that you consult a construction professional such as a chartered building surveyor or fire engineer who will guide you through the options and solutions.

See some useful guidance from the department in their attic conversions leaflet online.

Windows used for escape and rescue have a prescriptive openable area and a prescriptive height off the floor, and distance from eaves. Where a three-storey building is concerned the requirements for protecting the stairs with fire rated materials and fire doors and fire rated ceilings, along with the design of the windows for escape and rescue, should all be considered.

So, if you go through the list of requirements and make those changes, there will be some disruption to your household, and you may have to move out while works are being carried out. It might be prudent to weigh up the costs and disruption of such works against the potential value of your property should you go ahead and have them carried out.

It amazes me how often the value stays more or less the same with or without an extra bedroom, but this is not my area, and I recommend you consult my colleagues in estate agency and valuation; they would be best placed to advise you in this regard.

• Brigid Browne is a chartered building surveyor and chair of the Southern Region of the Society of Chartered Surveyors Ireland. She is the owner/managing director of Cashel-based Fortress Planning which offers a range of services including assigned certifier, design certifier, building surveyor, and conservation consultancy to clients all over the country — www.fortressplanning.ie

If you have a property related query or issue you would like to raise with Brigid, please email irishexaminerpropertyqueries@scsi.ie