No completion certificate for extension

Section62

user1977 said:

ChilliBob said:

From what I know the indemnity insurance would cover a fine, not building costs? 

I don't think a "fine" is even possible, it's enforcement action to rectify (or remove) the works.

Formal enforcement would be via an Enforcement Notice (S172).  Once the notice period has expired, and no successful appeal has been made, non-compliance with the notice is an offence (S179).

Conviction for a S179 offence places the offender at risk of an unlimited fine - the amount being determined in part by the financial benefit derived from the offence.

The LA can also then secure a Confiscation Order under the Proceeds of Crime Act to recover the financial benefit the offender made.

E.g. Build a house without planning consent and ignore an Enforcement Notice, there is a potential risk of having the house confiscated.


It is fairly unusual for things to go that far though (people usually see sense far sooner) and it isn't something that ChilliBob needs to worry about in relation to the example he gave. (unless there's a listed building or conservation area involved)

user1977

ChilliBob said:

So you guys seem to be suggesting that costs of rebuilding would be covered, if necessary, and due to some 4 year rule, are highly unlikely to come into play anyway.

It will cover the cost of getting rid of the non-compliant thing, the insurers aren't necessarily going to pay for a shiny new compliant replacement - though I guess they might if that's cheaper than covering the devaluation of the property without the extension etc.

As above though, such scenarios are incredibly rare, so I wouldn't expect to find many practical examples of what happens in practice!

ChilliBob

Well it seems they did have people visit during construction, which is encouraging, so, fingers crossed we can get it signed off. 

Doozergirl

ChilliBob said:

Well it seems they did have people visit during construction, which is encouraging, so, fingers crossed we can get it signed off. 

I had a feeling that might be it!