Lawyer says buy property with loft conversion without planning permission using indemnity insurance

davidmcn

riteshpatel wrote: »

House is built in 1960. extension was done in 1968 they say now.
Does content you meant the layout of the house built. Then there is no such details in title report I only see the boundary of the plot and no details of the plan. However, it is the same original plan as most bungalows in the street. correct me if your question was different.

Not content, consents - your solicitor seems to be looking for planning and/or building regulations consents for the alterations, but do they exist for the original house? If not then what's the logic in looking for them for the alterations, which are only slightly less old?

Surrey_EA

riteshpatel wrote: »

Now my solicitor says Seller will not even provide indemnity insurance. does it affect anyway? can i buy indemnity insurance as a buyer? or should I?

What are you seeking to indemnify yourself against?

What in doozergirl's reply do you not agree with?

TBagpuss

riteshpatel wrote: »

Now my solicitor says Seller will not even provide indemnity insurance. does it affect anyway? can i buy indemnity insurance as a buyer? or should I?

It may well be that the sellers won't priovide insurance because there is no need. Normally, indurnace covers you against the risk of the council taking enforcement action where alternations were done without planning permission. It's far to late for any enforcement so what risk is there to insure?

I suggest that you ask your solicitor (i) what reason the sellers have given for not offering to pay for the policy and (ii) whether they (your solicitors) feel a policy is still neded, and if so, why.

A lot of this kind of policy are very cheap so if you are worried, youmay be able to arrange it yourself.

Are you using an actual solicitor, or are you using a cheap conveyncing firm? If it is the former, they will be able toexpalin their reasonaing and why they are advising that you need a policy.

If it is the latter, they are probably follwing a case management system which automatically tells them there should beeither a copy of the palanning permission or an indemnity policy, and they simply son't know enough to override it where it is not necessary, in which case you may need to contact them and escalte until to reach a person who can explain to you why they think a policy is needed (other than 'because the computer says so') or can advise you about proceeding without one.

LawAbiding

The property I am buying has no building control for an extension, but I have no concerns at all.

My solicitor has recommend I take indeminity insurance at my cost, so I have agreed,

I would never expect the seller to pay for this?

riteshpatel

TBagpuss wrote: »

It may well be that the sellers won't priovide insurance because there is no need. Normally, indurnace covers you against the risk of the council taking enforcement action where alternations were done without planning permission. It's far to late for any enforcement so what risk is there to insure?

I suggest that you ask your solicitor (i) what reason the sellers have given for not offering to pay for the policy and (ii) whether they (your solicitors) feel a policy is still neded, and if so, why.

A lot of this kind of policy are very cheap so if you are worried, youmay be able to arrange it yourself.

Are you using an actual solicitor, or are you using a cheap conveyncing firm? If it is the former, they will be able toexpalin their reasonaing and why they are advising that you need a policy.

If it is the latter, they are probably follwing a case management system which automatically tells them there should beeither a copy of the palanning permission or an indemnity policy, and they simply son't know enough to override it where it is not necessary, in which case you may need to contact them and escalte until to reach a person who can explain to you why they think a policy is needed (other than 'because the computer says so') or can advise you about proceeding without one.

I am using a solicitor who is not very cheap but was recommended by estate agent. it is no buy no fees. Of course I will lose searches cost. After trying to find my solicitor and calling 10s of solicitor finally I decided this firm thinking that estate agent can chase them to do things faster. I have seen some solicitors very slow in process and once I lost house due to it.

one thing to correct my solicitor first asked for indemnity from seller if they don't have paper. But now he says it is not needed. I have asked for the reply. Thanks

Doozergirl

So now your solicitor also says it's not needed? Slow hand clap for that guy.

If you want one, buy one, but if I were your vendor I'd have refused to buy one for the exact reasons that I've laid out.