Invalidated indemnity insurance

Robert_harvey

If you were to invalidate your indemnity insurance. Can you take out a new policy with a different provider?

MovingForwards

Highly doubtful as if you've invalidated one, you've no chance of not committing fraud as you would have to lie.

Eg an indemnity to cover an extension done 2 years ago, you invalidate it by making enquiries with the council and this brings it to their attention.
You try for another indemnity policy but one of the key points is you / the seller at the time, have not made enquiries with the council. Only you now have, so no indemnity policy would be valid as they would all, more than likely, have the same clause.

Would you care to say what has happened for you to ask the question? 

Robert_harvey

I replaced the velux window with a roofing company and im guessing they would gave notified the local authority about the fensa regs. I haven't actually told the authorities about the attic room. Id like to because the room obviously got done properly in its day but im not going to in case i make my very nice house un-sellable.

TELLIT01

Without certification the room can't be counted as accommodation.  Anybody considering purchase of the house will probably either ask for the building regs cert or look for a substantial discount in order that they can get building regs themselves. 

davidmcn

TELLIT01 said:

Without certification the room can't be counted as accommodation.  Anybody considering purchase of the house will probably either ask for the building regs cert or look for a substantial discount in order that they can get building regs themselves. 

It's really not as binary as that - will depend on things like how old the works are, what standard they've been done to, etc. Lots of alterations (or whole houses) have never complied with building regulations, doesn't mean they're uninhabitable.

In answer to the question, it depends how long ago contact with the council has been. Some insurers will take it on if contact was, say, over a year ago and nothing has happened since. So if the OP's concern is how to deal with a future sale, it's unlikely to be an issue.

eddddy

Robert_harvey said:

I replaced the velux window with a roofing company and im guessing they would gave notified the local authority about the fensa regs. I haven't actually told the authorities about the attic room. Id like to because the room obviously got done properly in its day but im not going to in case i make my very nice house un-sellable.

When you say "telling the authorities about the attic room" - do you mean applying for a 'Certificate of Lawfulness'? 

If the attic room was converted over 4 years ago, the local authority cannot take any enforcement action anyway.

So if the attic room was converted over 4 years ago, and you want extra peace of mind, you could apply for a 'Certificate of Lawfulness'. But you'll need proof that the attic was converted over 4 years ago, and that it has been used as living space since then.

(It could backfire, if you can't prove the 4 years. If the local authority think it's less than 4 years old and it breaches planning regulations, they might serve enforcement notices.)

Robert_harvey

Theres no proof of the work being done even though its its obviously over 4 years. I wont be telling the council anything any time soon. It is a shame because its daft just using it for storage. Its got huge joists into the walls with more large joists going the over way. I don't think theres any load on the original joists at all. The spare bedroom door opens onto the attic stairs corridor so that would need moving onto the main landing. Needs a smoke alarm to because the nearest smoke alarm is on the landing. Cant say I'd be happy having someone sleeping up there every night with no smoke alarm. One other thing is the stairs head clearance is way over 2 meters apart from one part is only 183cm but its only for about 1.5in then head clearance goes to over 2.5 meters

eddddy

Robert_harvey said:

Theres no proof of the work being done even though its its obviously over 4 years.

If it's obviously done over 4 years ago - that's proof in itself.

Maybe get a surveyor to inspect and write a report saying "on the balance of probabilities the conversion is well over 4 years old".

And/or...

• Sworn statements from people who know the property to say the work was done over 4 years ago
• Old Estate Agents details from more than 4 years ago showing the work already done
• Old survey reports from more than 4 years ago mentioning that the work was already done
• Old Google streetview images from more than 4 years ago showing the windows in the attic (if appropriate)

Robert_harvey said:

I wont be telling the council anything any time soon. 

 Just to be clear, there is no concept of "telling the council" about work done on your house.

You can apply for retrospective planning consent or retrospective building control sign-off - but that's irrelevant/pointless in your circumstances.

Or you can apply for a Certificate of Lawfulness, as discussed above.

Robert_harvey

So looks like i do have some options. Zoopla has photos of it from 2012 so thats proof. Ive owned it for 3.5 years thats almost proof in its self. Im defo annoyed about the indemnity insurance thing. It makes people shy away from improving the safety of there homes in case they cant sell up in the future. Its a legal thing i suppose. My whole house could fall down tomorrow and the council would deem that as a public health hazzard. Dose that mean i have to get indemnity insurance for my whole house, the garden shed or maybe even my cat