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Indemnity Insurance for Kitchen Extension.
frattonstation
Posts: 2 Newbie
We are currently buying a house which has a kitchen extension. The extension was built before the current owners bought the property, pre-1999. Planning permission was given for the extension but the Building Regs were never signed off on completion of the build. This is because an extractor fan was not fitted at all as shown in the original plans. Will i be able to get Indemnity Insurance to cover this or will i have to get either myself or thr seller to fit the extractor fan as required?
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Comments
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You'd be able to get indemnity insurance for lack of building regs provided nobody has alerted the Council. You may not have to though as the period during which the Council can take enforcement action has run out - I think they have about 10 years (but someone or your solicitor may correct me).
Still, it wouldn't be a massive cost and if you had it then that would cover off the problem if you decided to sell in the future.0 -
I'm not sure that just fitting an extractor fan would mean that a current building inspector would be happy to sign off on the building regs - the requirements are much stricter nowadays, so I don't suppose the extention would meet current standards, and the inspector wouldn't have been able to check things like foundations, insulation etc for themselves. I guess you could ask the council the question to be certain (although in disguise so you didn't alert them to the problem!)0
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If the seller is able to demonstrate that the only outstanding point was the extractor fan and everything else had been checked an approved then if your solicitor feels that your lender requires it then go for indemnity insurance.
You need the insurance because there is very real a risk that the Council who have lots of staff with nothing to do will send someone round to randomly check all properties in their area to see if they can find some contraventions of building regulations and then issue proceedings for an injunction in the County Court to have the extension demolished unless an extractor fan is installed. The courts are jammed full of such cases.
NOT!!!RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0
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