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Do I need indemnity insurance?

AC20
AC20 Posts: 50 Forumite
Fourth Anniversary 10 Posts
edited 17 May 2021 at 4:34PM in House buying, renting & selling
Hi, we're FTB - buying a 1980s property through bank mortgage. It has the following planning works / installations done -
1. Side extension ground in 1980s - The planning permission has been approved but there's no building regulations certificate.
2. First floor side extension in 1980s - again planning permission approved but no BR certificate
3. Replacement door/ windows work in 2005 - Fensa certificate not available. Solicitor asked for indemnity policy but seller has refused to provide one (prob due to costs)
4. Lack of boiler installation certificate

Q1. Do we need an indemnity insurance to cover any of the above risks as I understand the extension works were carried out almost 15-20 years ago ?
Q2. Is it something that I should pay if required to have one?

Any inputs would be highly appreciated.

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Comments

  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    You're well past the window for planning or building regs enforcement, so you don't need indemnity (unless the structures are built dangerously...). However, you had better make very sure that the construction is of adequate quality.

    If there is no boiler installation certificate, and no recent servicing certificate, then I would be concerned about how it has been done as there is simply no evidence. Suggest you get the boiler checked by a GasSafe technician - it's not expensive and would give you an idea of if it meets safety regs (it may not, exactly, if they have changed since it was installed) and more importantly if it is generally safe and well-maintained.
  • user1977
    user1977 Posts: 17,317 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    If you're buying with a mortgage, does your solicitor think your lender needs indemnity insurance? If so then you don't have much choice. 
  • AC20
    AC20 Posts: 50 Forumite
    Fourth Anniversary 10 Posts
    edited 17 May 2021 at 4:50PM
    You're well past the window for planning or building regs enforcement, so you don't need indemnity (unless the structures are built dangerously...). However, you had better make very sure that the construction is of adequate quality.

    If there is no boiler installation certificate, and no recent servicing certificate, then I would be concerned about how it has been done as there is simply no evidence. Suggest you get the boiler checked by a GasSafe technician - it's not expensive and would give you an idea of if it meets safety regs (it may not, exactly, if they have changed since it was installed) and more importantly if it is generally safe and well-maintained.
    Thanks. I am of the same view that it has been past the window but I've read some of the cases going back 15 years. The solicitor said seller is not obliged to provide BR certificates since it has been 15+ years.
    Lot of sellers don't service their boilers but the seller has confirmed that heating system is in good working order on the property form. They have said that the buyer is free to get it checked at their own cost, which I can anyways do once I move in?
  • AC20
    AC20 Posts: 50 Forumite
    Fourth Anniversary 10 Posts
    user1977 said:
    If you're buying with a mortgage, does your solicitor think your lender needs indemnity insurance? If so then you don't have much choice. 
    Solicitor hasn't mentioned to us that the bank has flagged it. If the bank does, should I just ask seller to pay for it. Why should buyer be paying for lack of certificates?
  • user1977
    user1977 Posts: 17,317 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    AC20 said:
    user1977 said:
    If you're buying with a mortgage, does your solicitor think your lender needs indemnity insurance? If so then you don't have much choice. 
    Solicitor hasn't mentioned to us that the bank has flagged it. If the bank does, should I just ask seller to pay for it. Why should buyer be paying for lack of certificates?
    The bank doesn't get involved, the solicitor just works off standard instructions. You can haggle about who pays, though given it's usually a small cost not worthwhile upsetting the whole transaction or timescales about it.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    AC20 said:
    Hi, we're FTB - buying a 1980s property through bank mortgage. It has the following planning works / installations done -
    1. Side extension ground in 1980s - The planning permission has been approved but there's no building regulations certificate.
    2. First floor side extension in 1980s - again planning permission approved but no BR certificate
    3. Replacement door/ windows work in 2005 - Fensa certificate not available. Solicitor asked for indemnity policy but seller has refused to provide one (prob due to costs)
    4. Lack of boiler installation certificate

    Q1. Do we need an indemnity insurance to cover any of the above risks as I understand the extension works were carried out almost 15-20 years ago ?
    No, the windows were 15-20 years ago. The extensions were 35-40 years ago...

    I don't think BR sign-off was even a thing back then.
  • Blowsbubbles
    Blowsbubbles Posts: 48 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    Can only answer Q3 indemnity policy for windows are cheap say £20, unsure why he would refuse but worth pushing. Your mortgage unlikely to accept without. 
    Q4 never have providing a boiler installation - standard practice is to get boiler serviced within the last year. 
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    If it was up to you then I wouldn't bother. However, your lender may insist on them.
  • ss2020jd
    ss2020jd Posts: 652 Forumite
    500 Posts Third Anniversary Name Dropper
    edited 17 May 2021 at 5:48PM
    There should be a building regs compliance certificate for the boiler and depending on when it was installed it is possible it could be found via the gas safe register by looking up address. Copies for £6. 
    If not it says: If the notification you are searching for relates to work done before 1 April 2009 you will need to contact CORGI Services Ltd. 

    I think replacements here are more expensive but at least you will know if it had one. If you are concerned (and boilers/gas is not something to take chances with) you can ask for it to be inspected/serviced before exchange. I’ve done that on selling for my buyers even though had the Corgi compliance certificate. 

    As for the building regs, it’s so long ago as long as long as the survey is satisfactory I personally wouldn’t insist on that. The solicitor or mortgage lender may think differently. Same with the windows although if it cost so little for indemnity I can’t see why the seller would refuse. 

  • AC20
    AC20 Posts: 50 Forumite
    Fourth Anniversary 10 Posts
    Can only answer Q3 indemnity policy for windows are cheap say £20, unsure why he would refuse but worth pushing. Your mortgage unlikely to accept without. 
    Q4 never have providing a boiler installation - standard practice is to get boiler serviced within the last year. 
    Thanks. the owner is saying buyer can get it serviced or be satisfied.
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