Lack of Building Regulations Indemnity Policy

julie1978

Hello, I wonder if anyone could help me.

I've just moved into a property that the previous owner has put a Lack of Building Regulations Indemnity Policy on to due to work he did without building consent.

I currently need planning permission for a small job I would like to do on the property, but I am unsure that if there is an inspection from a council member then that would invalidate the policy and mean I could be liable to rectify the previous owners work.

The previous owner did revert some alterations prior the move but there are some other work that was done (that I am ok with) but do not want to fund to revert back.

Any help would be appreciated, I am just struggling to figure out what position the policy has now put me in.

Doozergirl

Planning and Building Control are separate departments.

Does the work that needs planning permission require building control consent?

Owain_Moneysaver

Planning and Building Regulations are completely different things.

If the council were previously aware of the non-compliant work at the time the policy was taken out that would invalidate the policy. If they subsequently become aware and take enforcement action that should be covered by the policy.

However unless the alteration is actually dangerous the council are unlikely to (or may be unable to in law) take enforcement action.

Davesnave

Planning and Building Regs are two different departments that don't necessarily speak to one another about individual houses, so a planning officer won't be considering your application in the light of previous work, if it was permitted development.

Mind you, it might help to say what work was done and what you propose!

davidmcn

Davesnave wrote: »

Mind you, it might help to say what work was done and what you propose!

And also if you tell us what the conditions in the policy say.

julie1978

Thank you for your replies!

The work I need doing is for a boiler to be fitted and would need building consent (grade 2 building). So it is unrelated to the previous owners work.

If I can have someone inspect the property without having to pay to rectify his work then that would be a great outcome.

I have confirmation via email that the policy has been obtained but I am still waiting to receive it. I just wanted to see if anyone knew more about the policy as I've just found it all a bit too confusing, especially if a huge bill could be involved.

lincroft1710

If the previous owner did unapproved alterations to a Grade 2 listed building, that is bad news

julie1978

Can anyone help?! I've received my policy and all looks fine. However is says on the terms that it is 'not a listed building;, when it is a listed building.
It says the details were provided by the Insured so I don't know if that means my solicitor or the sellers.

There's a cancellation date which has now passed as solicitor only posted it yesterday. And now I can't get a response from them. I don't know if that makes the policy void or if it can be altered.

I feel like I've been put in the worst position here.

00ec25

it would have helped if you'd said it was a listed building to start with!

so is the indemnity policy invalid given it appears it expressly does not cover a listed building?

whether the previous works will come to the attention of anyone checking for a boiler installation depends on what was the nature of the previous works and how will the council actually find out about them.

eddddy

That's quite worrying.

If work was done which should have had listed building consent, but hasn't - there is no time limit for the council to take enforcement action, to make you reverse it.

This problem may not go away. When you eventually sell, it's likely to be a problem that your buyer flags up.

Your seller should have stated that the property was listed on the Seller's Property Information form - so your solicitor should have known that an indemnity policy was not viable.

Maybe inform your solicitor of the problem, and see what they suggest.

(How did you find your solicitor? Was it a 'conveyancing factory' recommended by an EA or similar?)

julie1978

The solicitor I used was reputable. They were aware of it being a listed building as there was a lot of debate about the work that was previously done before sale (it also states that it is a listed building in the surveyor report), so they advised the Indemnity Policy.

I'm not a solicitor, or know about law etc, so I just assumed that a professional solicitor would know the best course of action. I had no idea that I would then receive a Indemnity Policy that is invalid.

The solicitor I used are now saying they would charge me for them to look in to it (even though it's not my error on the policy), and I don't know who provided the info.

I'm currently in the process of complaints, as I don't think I have any other option.

I've been left in the crap, basically, with no way out.