need proof of planning permision for a indoor wall that was knocked through

mercedes125

We have sold our house and the buyers solicitors are asking for proof of planning permission for a wall that was knocked down between the living room and dining room, this was knocked through before we bought the property so the solicitor said we may need to pay for an indemnitry policy, never heard of this before how much does this cost. Any way i thought you only needed planning permission for anything that is added onto the house are on your land, are has it all changed now like everything else.

Catti

It depends both on the nature of the wall and what may be in your title deeds!

If the wall was load bearing, then it should have had Building Regs - if that's what's missing then it's probably an indemnity for lack of building regs that they are seeking.

Additionally, some title deeds restrict the making of any alterations to a property without the consent of the original builder - unlikely for an internal wall but still possible. If so, an indemnity for a missing consent may be sought.

tlrtone

I think the idemnity premium is around £125 (or was a few year ago). THis is safeguard to avoid any comeback if there is a problem. My parents had a similar thing a few years ago when they moved. Paid up and didn't hear anything back, so was worth the peace of mind.
You wouldn't need 'planning permission' if it was an internal wall (unless it was a listed building), but you would need 'building control permission' as any alterations need to be signed off by the building regs people and a completion certificate issued - this is what is probably missing in your case.
This scenario is pretty common, so don't panic, find out from your solicitor what the idemnity in your case would cost and make your decision from there.
Good luck!

Keep chasing your solicitors, mine were pants and I ended up calling round all the parties and solicitors/estate agents each Friday for an update. It is amazing that they would all be waiting for each other to do something!

mercedes125

Thanks for your replys, i have been in touch with the previous owners and the wall was knocked through in the 1970s so would this still apply after all this time to have to have a indenmity policy. We never had one when we bought it 13yrs ago.
Thanks

Catti

Cost of a policy will depend on the value of the house. Up to £250K shouldn't cost more than £75.

eamon

This idemnity insurance I suspect is another money making scam. I first came across it when I sold my last house. The buyers solictor wanted this for a free standing garden shed. I refused to pay up and threatened to remove the shed, the sale still went ahead.

Catti

eamon wrote: »

This idemnity insurance I suspect is another money making scam. I first came across it when I sold my last house. The buyers solictor wanted this for a free standing garden shed. I refused to pay up and threatened to remove the shed, the sale still went ahead.

But the buyers may have taken it out instead!

Doozergirl

The insurance is pointless - there is no a cat in hell's chance that building control would have any issue with it now. They have 12 months to use their enforcement powers (bit past that now!) unless the building is dangerous in which case they'd have to take you to court. It's been like that for 30/40 years. It's not dangerous!

The question is whether your buyers believe that and whether their mortgage lenders can be talked around. I'd refuse but would pay up for a quiet life unless you can persuade them otherwise.

I wonder how this sort of stuff comes up sometimes. How did the solicitor know the wall had gone?

mercedes125

Doozergirl wrote: »

The insurance is pointless - there is no a cat in hell's chance that building control would have any issue with it now. They have 12 months to use their enforcement powers (bit past that now!) unless the building is dangerous in which case they'd have to take you to court. It's been like that for 30/40 years. It's not dangerous!

The question is whether your buyers believe that and whether their mortgage lenders can be talked around. I'd refuse but would pay up for a quiet life unless you can persuade them otherwise.

I wonder how this sort of stuff comes up sometimes. How did the solicitor know the wall had gone?

I think the solicitor might know because the people who are buying our house mentioned that they would make the opening higher because its about 6ft high and hes is over 6ft tall so even if we have to pay for a policy he is going to alter it so what is the point really.

Doozergirl

mercedes125 wrote: »

I think the solicitor might know because the people who are buying our house mentioned that they would make the opening higher because its about 6ft high and hes is over 6ft tall so even if we have to pay for a policy he is going to alter it so what is the point really.

Now that's really frustrating. If I knew they were changing it I'd refuse on principle.

I'd send a message back through your solicitor along the lines of 'to our knowledge, the wall was removed such a long time ago that regs were not applicable. The buyer will no doubt obtain building control approval themselves when they alter the opening as planned'

And keep your fingers crossed!

1984ReturnsForReal_2

mercedes125 wrote: »

I think the solicitor might know because the people who are buying our house mentioned that they would make the opening higher because its about 6ft high and hes is over 6ft tall so even if we have to pay for a policy he is going to alter it so what is the point really.

Is/was it an internal brick wall then?