Compulsory Building Insurance Council

mith0

Hi having a problem with our local council (scottish based).

Recently had house transferred from my father to myself.

The house is ex council property, block of 4 terraced only 1 council tennant the rest privately owned.

The council insist on building insurance paid to them as its in the title deeds and a condition of sale which my father paid previously.

The councils insurance quote of £180 is much more expensive than online deals available which I feel is unfair.

My question is are they allowed to do this or can I shop around for cheaper insurance.

Council states if I do I will be dual insured and still be liable for their policy which I have no control over in terms of cost or terms and conditions.

Any one help?

phill99

Just because they are the council is irrelevant. They are the freeholder of the block. 99% of blocks of flats are insured by the freeholder and the costs then recovered from leaseholders. Remember that in the £180 there will be an element to cover things that you do not directly 'own' but still havetheuse of, all of which have to be covered for insurance purposes such as roofs, lift shafts, communal corridors, bin stores etc.

As its a lease condition, you have no choice in the matter at all.

scottishblondie

phill99 wrote: »

Just because they are the council is irrelevant. They are the freeholder of the block. 99% of blocks of flats are insured by the freeholder and the costs then recovered from leaseholders. Remember that in the £180 there will be an element to cover things that you do not directly 'own' but still havetheuse of, all of which have to be covered for insurance purposes such as roofs, lift shafts, communal corridors, bin stores etc.

As its a lease condition, you have no choice in the matter at all.

OP said Scotland. The council is the factor, not the freeholder. However, by buying the property you will have agreed to this just the same, as there will be a condition in the deeds of the property to allow the factor to manage this.

However, as the block is primarily privately owned the council no longer has the deciding vote on things. Therefore if the rest of the owners agree with you, you maybe able to force the factor to look for cheaper insurance quotes.

mith0

Sorry to drag this thread up again but insurance is due again and still struggling to pay. No luck with neighbors as they don't want to know.

I saw in council document online that my insurance contract is with the insurance company and that the council only collects the fee payments. Could I deal directly with this company myself?

I have asked for copy of contract from company bearing both parties signatures, but they just refer me back to council.

Also most of the title deeds refer to Superior, Feu, and Feuar, but I understand that these were abolished under the abolition of feudal tenure act 2000 (scotland), so wouldn't that mean that the council no longer have a say as they are no longer Superiors i.e boss?

Thanks for any advice given

More information here.

clydebankpost.co.uk/news/roundup/articles/2013/10/10/474432-council-reported-to-office-of-fair-trading

davidmcn

mith0 wrote: »

Also most of the title deeds refer to Superior, Feu, and Feuar, but I understand that these were abolished under the abolition of feudal tenure act 2000 (scotland), so wouldn't that mean that the council no longer have a say as they are no longer Superiors i.e boss?

No, they're not the superior. They have a say as the owner of the property they still own. You'll need to tell us what the title deeds actually say, but generally the majority of owners will have power to decide what happens - so you'd need to get the support of the other owner(s) if you want to change the status quo.

mith0

Hi again

Thanks for the reply. Managed to post insurance burden section at imageshack. If anyone can translate the legal jargon I would be most grateful. Neighbors still uncooperative even though its in their interests too.

Replace The ** with tt as it wont allow me to post links.

h**ps://imageshack.com/i/eyNsIEFGj

davidmcn

mith0 wrote: »

Hi again

Thanks for the reply. Managed to post insurance burden section at imageshack. If anyone can translate the legal jargon I would be most grateful. Neighbors still uncooperative even though its in their interests too.

Replace The ** with tt as it wont allow me to post links.

h**ps://imageshack.com/i/eyNsIEFGj

Ok, the references to the "Superiors" are now irrelevant as there is no such thing as a superior. So you're left with the factor still being the council, and the insurance policy still being the one they pick, through the inertia of the owners not having voted to change the factor and/or insurance. You'll need to get the other owner(s) on board. If there's a tie then either the chair of a meeting of the owners has the casting vote, or you can go to arbitration.