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lack of building consent - can an indemnity insurance solve the problem?
meg0210
Posts: 29 Forumite
Hi , all moneysaving experts,
I am buying a property and found out that the conservatory was erected without the building consent from the council (though there was the builing permission). After I had raised this problem, the seller agreed to buy an indemnity insurance with the purchase price as insured amount. My question is , when I sell the property in the future, will this problem be raised again even though an insurance is already in place? Also, I have heard that once the breach of covenant is in place for 20 years it is not possible to take any enforcement action (to tear it down or to require the consent). Could anyone confirm this with (legal) certainty?
Thank you in advance.
I am buying a property and found out that the conservatory was erected without the building consent from the council (though there was the builing permission). After I had raised this problem, the seller agreed to buy an indemnity insurance with the purchase price as insured amount. My question is , when I sell the property in the future, will this problem be raised again even though an insurance is already in place? Also, I have heard that once the breach of covenant is in place for 20 years it is not possible to take any enforcement action (to tear it down or to require the consent). Could anyone confirm this with (legal) certainty?
Thank you in advance.
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Comments
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Indemnity isnt worth the paper it's written on, although strangely it seems to satisfy lenders.Sealed pot challange no: 3390
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Andy, thanks for your reply. Did you mean that it will not solve my problem (for future sales)?0
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It will, in a sense.
We (or rather, our lender) made our first seller take out an Indemnity on a removed internal wall.
We kept the policy and passed it on to our buyer for the same issue.
However, it doesn't actually cover you for anything sensible, it's a bit of paper to satisfy the mortgage company, if there is one.
Who know's about the future, maybe it will be fine, mayby the will stop the practice and everyone who has one will be stuffed.Sealed pot challange no: 3390 -
Covenants can be enforced at any time AFAIK, can't you just get the consent now?Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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Sorry, just wanted to be clear. Do you mean you don't have building regs approval or do you mean that there is a covenant that has been breached? Just wondered as these have different impacts?0
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