Building regulation indemnity insurance

Crumble2018

We’re in the process of buying a 2009 built flat.
We are now having issues between our solicitor and the sellers solicitor, and our vendor is starting to get stroppy.
Basically, our solicitor is asking them to take out a buildings regulations indemnity policy to cover the boiler. Our vendor is arguing that they have supplied the installation certificate and a recent gas safety check, so it shouldn’t be needed.
We have no idea who’s right, but it’s causing a sticking point and nothing is moving forward.
Our solicitor has already asked them to take out an insolvency indemnity which the vendors also objected to, and we agreed to pay half, although our solicitor is telling us they should pay all of it.
Can anyone shed any light on this - is our solicitor being OTT or is there’s trying to cut corners?
Thanks!

davidmcn

Given how cheap these policies are, if you really want them just pay for them yourselves and move on. No point spending weeks or even days quibbling about £100 here or there in the context of a house purchase.

What are the circumstances requiring insolvency indemnity?

Also, when was the boiler fitted? Don't think there is any additional paperwork needed if it was part of the original construction.

Mutton_Geoff

Indemnity policies will be the next PPI scam. What's the problem with the boiler?

Crumble2018

davidmcn wrote: »

Given how cheap these policies are, if you really want them just pay for them yourselves and move on. No point spending weeks or even days quibbling about £100 here or there in the context of a house purchase.

What are the circumstances requiring insolvency indemnity?

Also, when was the boiler fitted? Don't think there is any additional paperwork needed if it was part of the original construction.

I don’t understand the insolvency thing - but we’re told it’s because the husband bought the flat on his own, wife came along and he added her to the deeds in 2018?

Boiler fitted when the flat was built.

G_M

If the boiler was fitted in 2009, then Building Regs cannot be enforced. It's over 4 years. So insurance is unecessary and pointless.

If you have an installation certificate, then Building Regs is not needed.

If you have a gas report (what does it say?), presumably it confirms the boiler is safe, so insurance is pointless.

Write to your solicitor (yes, not on the phone - do it in writing) instructing him to forget the indemnity policy and proceed with whatver else is needed for Exchange.

eddddy

Crumble2018 wrote: »

I don’t understand the insolvency thing - but we’re told it’s because the husband bought the flat on his own, wife came along and he added her to the deeds in 2018?

So I guess it's probably because the husband "gave away" half his flat to his wife in 2018 - i.e. essentially a 'transfer at undervalue".

So if the husband goes bankrupt within 5 years from 2018, it would be possible for a court to undo that transfer.

(e.g. If he was insolvent, and he gave away half his flat to avoid his creditors getting the money.)

davidmcn

Crumble2018 wrote: »

Boiler fitted when the flat was built.

So it's covered by the building regulations for the whole construction of the flat. And even if it weren't, nobody from building control is going to be knocking on the door now asking you do anything about it. You've already satisfied yourself that it's safe, which is the main thing.

greenhill

Are your buyers using a large conveyancing firm rather than what I think of as a 'real' solicitor?
I'm using a local solicitor who's worked me for in the past. My buyers are using a large firm, where the person to contact is known as 'Team 9' :doh:
They are horrendously slow and seem to be conveyancing from a manual that makes them believe they need every piece of paper going.
Do I sound fed up? You bet I am :mad:

Crumble2018

greenhill wrote: »

Are your buyers using a large conveyancing firm rather than what I think of as a 'real' solicitor?
I'm using a local solicitor who's worked me for in the past. My buyers are using a large firm, where the person to contact is known as 'Team 9' :doh:
They are horrendously slow and seem to be conveyancing from a manual that makes them believe they need every piece of paper going.
Do I sound fed up? You bet I am :mad:

We are the buyers, it’s our solicitors requesting all this! And they are a local firm, who are highly recommended. They certainly haven’t been slow (our biggest hold up has been the vendors taking over 3 months to find a property to buy!) But it does seem as though they are being a little anal now.....

pattypan4

I, the vendor, had to pay £100 for what had been a professionally done improvement ie added sockets but the qualified installer took the cash and went, so no certificate. The buyer made me pay, so I did pay with gritted teeth but I made jolly sure that I took with me over £600 worth of very useful items that I was going to leave to help her on her way, like a brand new brabantia airer and extra expensive oven items, which are now stashed in my garage in case I ever get another miele oven



I think the insurance is often just a money making route for the solicitor and yes your solicitor is being ott

princeofpounds

To be fair to the solicitor, they had a reason for the insolvency indemnity. What have they actually said is the reason for the building regs issue on the boiler? Because it's a rather important part of the whole story you haven't told us.

The gas safety check is nothing to do with building regulations. A gas installation can be technically safe but not to building code.

The installation certificate might be more relevant, but I don't know how it interacts. Some professional trade bodies can self-certify for building regs, I'd be surprised if Gassafe don't, but who knows?