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Advice needed...building regs & covenant?

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  • Advice needed...building regs & covenant?

    Hi all, could really do with some advice...

    Im in the process of purchasing my first house, it was built in 1973 and had two extensions in 1980, one being an extension to the side (extending the kitchen, also adding a utility room and a downstairs toilet) and the other, a detatched garage.

    We are fairly close to exchanging contracts but a few things have come up in the searches the solicitors have carried out...

    the only documents the seller can provide is planning permission, there seems to be no building regulations.

    Also there is a convenant saying that before any extensions or alterations are carried out, consent must be obtained from the homebuilder. The sellers did not have proof of this, our solicitor has offered us an indemnity policy? Who should really pay this, as the seller is already refusing And is this a one off payment? Thanks for your help in advance!

  • #2
    Re: Advice needed...building regs & covenant?

    Sorry just re-read that, I mean covenant! I blame it on the stress....

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    • #3
      Re: Advice needed...building regs & covenant?

      The indemnity policy will involve paying a single premium, which should definitely be borne by the seller - the defect is his problem - except that when you come top sell you may well have to pay an extra premium to top up the cover to keep pace with any increase in the property value

      Bear in mind that the policy will only protect you against enforcement action, not against defective work, so you should have the structure carefully checked by a surveyor or structural engineer. Properly, this cost should also be borne by the seller, but if he won't even pay the insurance premium there is fat chance of that. However, I would not buy without having it professionally checked: better to walk away from the deal
      This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum

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      • #4
        Re: Advice needed...building regs & covenant?

        Regarding the breach of covenant, assuming there has been complaint, now that more than 20 years have passed, there is no prospect of enforcement action, so no need (in my view) for an indemnity policy
        This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum

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