Is Indemnity Policy Valid?

cookie7209

Help! We have an enforcement notice on our listed property as the previous owners didn't build the conservatory to the approved plans. The council want us to knock it down and we want to to replace it in a different design.

We have an indemnity policy but the underwriters say that we're not covered because the enforcement relates to planning legislation rather than planning regs. Is this right?

If the policy is valid what should they pay for - Removal? materials? labour?

Richard_Webster

Don't know - you haven't told us what kind of indemnity policy it is.

Even then we would have to read all its wording to give any sensible view.

What does your solicitor say?

cookie7209

Can I email a copy of the policy to a private email for you to have a look at as not sure what parts of the wording are relevant?

seabright

Indemnity policies can cover both Lack of Planning Consent and Lack of Building Regulation Approval, or just one.

It sounds like your policy only covers the Lack of Building Regs whereas the enforcement action is due to Lack of Planning Consent, so no, your policy would not cover you for the action being taken against you.

In any event, it is very hard to obtain a policy for a listed building, most policies exclude listed buildings because altering a listed building without consent is a criminal offence.

Sorry, sounds like you aren't covered and that you need to try very hard to negotiate with the local authority for a new conservatory, as they are within their rights to make you remove the existing one.

You need to go back to the solicitor who acted for you when you purchased.