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Indemnity policy for lack of building regs - do we have to tell the lender/broker?

Hi all

Am very close to exchanging on a property which has no building regulations sign-off for some work done about 3 years ago (new bathroom and new windows). The sellers didn't get building control approval, we think because they didn't know it was needed. Our main concern is the bathroom - they said it was done by a family friend who's a builder and have provided photos of the work being done. We had a level 3 survey carried out before we knew the documents weren't in place, which didn't flag anything of concern (in fact the surveyor told us the bathroom looked like a really good job). So we think probably the work is fine. Our solicitors have advised getting an indemnity policy which we are going ahead with. 

My query is about our lender. We've asked the solicitor several times if we need to inform them, and they've said we don't need to mention it to our broker/lender because the solicitors also act for the lender.

Is that correct? I've been reading through our mortgage offer and it says we have to let the lender know about anything which would affect their decision to lend. 

I think because we don't think the solicitor has been all that great, I don't know if I trust them that much, so want to be sure we aren't going to end up with problems because we haven't told the lender about the indemnity policy/lack of building regulations.

It's taken ages to get to this point and we're just about to exchange, which is why I don't want to open a can of worms with the lender/broker if it's unnecessary. But I also don't want to have not told the lender something when it was our responsibility.

Comments

  • user1977
    user1977 Posts: 19,647 Forumite
    Eighth Anniversary 10,000 Posts Photogenic Name Dropper
    Yes, your solicitor does this. Don't confuse matters by trying to talk to the lender yourself! 
  • Ok fab thank you! That's what I was worried about doing, but wanted to make sure we weren't going to fall foul of the mortgage conditions. I presume the stuff we have to tell the lender about ourselves would be if we lost our jobs or something, and anything to do with the property itself is sorted by the solicitor?


  • user1977
    user1977 Posts: 19,647 Forumite
    Eighth Anniversary 10,000 Posts Photogenic Name Dropper
    FTB565 said:
    Ok fab thank you! That's what I was worried about doing, but wanted to make sure we weren't going to fall foul of the mortgage conditions. I presume the stuff we have to tell the lender about ourselves would be if we lost our jobs or something, and anything to do with the property itself is sorted by the solicitor?
    Yes, it just gets confusing if you try chatting to someone at their call centre about the legal stuff, because the chances are that neither person on the call really understands what you're talking about...
  • In 90% of cases your solicitor will also be acting for the lender.

    If he knows, it's up to him whether to inform/advise his 'other' client - the lender.


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