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future house-sale with LACK of building reg indemnity?
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merlin5
Posts: 2 Newbie
Hi Everyone,
I've been reading the forum posts on here on the subject of building regulation certificate indemnity policies but haven't found an answer to a specific query I have so hopefully someone can help me out- here goes:-
I am in the process of buying a property which like many others has had a single-storey extension in the last twenty years by a previous owner and for which the current seller has no planning permission or building standards documentation. My solicitor is recommending I go ahead with the purchase with the seller supplying a building regulations indemnity policy for the extension as a structural survey has shown it to be in good condition.
However, away from the extension the house is in need of some further modification - specifically new double-glazing to be fitted on the opposite side of the house and cavity wall insulation to be installed. Despite having nothing to do with the extension itself both of these modifications would void any indemnity policy which I obtained during my purchase. My question is, if I were to buy the property and then to perform the above mods what kind of selling position would I be left in at a later date as I would then have neither the appropriate extension certificates or the indemnity policy to offer any potential buyer?
I've been reading the forum posts on here on the subject of building regulation certificate indemnity policies but haven't found an answer to a specific query I have so hopefully someone can help me out- here goes:-
I am in the process of buying a property which like many others has had a single-storey extension in the last twenty years by a previous owner and for which the current seller has no planning permission or building standards documentation. My solicitor is recommending I go ahead with the purchase with the seller supplying a building regulations indemnity policy for the extension as a structural survey has shown it to be in good condition.
However, away from the extension the house is in need of some further modification - specifically new double-glazing to be fitted on the opposite side of the house and cavity wall insulation to be installed. Despite having nothing to do with the extension itself both of these modifications would void any indemnity policy which I obtained during my purchase. My question is, if I were to buy the property and then to perform the above mods what kind of selling position would I be left in at a later date as I would then have neither the appropriate extension certificates or the indemnity policy to offer any potential buyer?
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Comments
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The extension may have been within permitted development and not required planning permission.
I don't see why double glazing or cavity wall insulation would void an indemnity policy.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
The extension may have been within permitted development and not required planning permission.
I don't see why double glazing or cavity wall insulation would void an indemnity policy.
I don't think the extension planning permission is an issue since as you say it may have been permitted development and even if not the extension is over ten years old.
My understanding of the double glazing and cavity insulation issue is that although both relatively minor jobs and un-related to the extension they nevertheless are categorised as jobs requiring building regulation certification. Thus they require you to notify the local authority of the work performed and hence void any indemnity policy on your property!0 -
In think in practice the Building Regulation policy would only be voided if the council was told about the extension.
Double Glazing is normally done with the installer supplying a FENSA certificate in lieu of the Building Inspector visiting and providing a formal completion certificate. I think you will find that there are similar arrangements for cavity wall insulation. The Council would be told about the double glazing and the cavity wall insulation but I can't see why they would need to find out about the extension, because there would be no reason for them to visit the property.
The other point of course is that the chances of anyone having to make a claim on a Building Regulation policy are almost nil anyway, because Councils have better things to do than pursue people for works that have taken place years ago. I'd be interested to hear from someone who has made a successful claim!RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0
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