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PLEASE HELP! - Indemnity Insurance Advice

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  • PLEASE HELP! - Indemnity Insurance Advice

    Hi Guys,

    Really need some advice because I don't seem to be able to get this from my solicitor - they rarely return calls and are hardly ever available!

    We are purchasing a house from our landlord, we have lived in the property for 9 months and everything seems fine with the house. We love it and want to buy it.

    We've had our survey done and the surveyor flagged a couple of things that should be investigated to see if relevant permissions exist and regulations have been complied with - I've attached a copy of our "Issues for Legal Advisors" page from our survey which highlights the relevant points.

    The seller has been unable to provide this information as the work was carried out by a previous owner, over 10 years ago. He has a letter from the previous owner confirming this.

    We have been offered indemnity insurance which I am keen on since it will speed up the sale of the property. The alternative is a Certificate of Lawful Development but this can take up to 8 weeks to arrange.

    I would be really grateful if you could let me know if indemnity insurance would cover us, and what would be the benefit of waiting for the Certificate? I'm slightly worried that when we come to sell the house we will come across the same issue.

    Many thanks,

    Darren
    Attached Files
    Last edited by darrenzanizibar; 12-08-2011, 03:46 PM.

  • #2
    Re: PLEASE HELP! - Indemnity Insurance Advice

    If the work is over 10 years old then it would be immune from Planning enforcement. That shouldn't be the issue. I think requiring a Certificate of Lawful Development is over the top.

    Real issue is lack of Building Regulation Completion Certificate for the work. There is a theoretical risk of enforcement but in practice this gets smaller and smaller as time goes by and for practical purposes can be ignored - Councils seeking to take enforcement action in respect of work in residential property that isn't obviously dangerous in these times of cuts would look very silly and be accused of wasting resources. However mortgage lenders seem to think that indemnity policies have some benefit.

    More importantly, you have to ask yourselves whether there is any danger of damage of structural failure resulting from a possible lack of compliance with the regulations. Your surveyor should advise about the risk levels and generally the longer the work has been there the less likely it is that there will be a problem, but it is your call.
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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    • #3
      Obviously you need to change your agency, if they can't answer your questions! I'm happy with General Insurance, they answer at any time and any stupid questions)
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