Conservatory added in 2008 - no planning permission

Emily_Joy

We have not bought the house yet, but we are trying. Among the papers that solicitor sent us just before the exchange of contracts suddenly appeared indemnity insurance that we haven't seen before. Prior to that there were two documents related to the conservatory - one saying that the company XX was contracted to build it and another one is a copy of the letter from the company XX to the neighbours advising them that a conservatory is to be build within 3 meters of their property. The covenant is from the LA and they are pretty much still around.

ThisIsWeird

Please re-read the docs you have carefully, and ask your conveyancer for clarification. You need to know what this IndPolicy was specifically taken out to protect against. It implies to guard against a 'restrictive covenant' that may have been breached, so you need to know what exactly this covenant restricts, and who could enforce it. Your conveyancer should be able to tell you.

Were the houses council-owned originally? If not, then my gut says - but it often rumbles - that the Planning Dept have no interest in your 'Rest Cov'. The 'Planning Verification' issue is - I suspect - misleading us here, and is a completely separate issue.

I would also hazard that, after 15 years, the council have no intention whatsoever to do anything about this connie - but of course you don't take anything I say with now't.

Indemnity Policies are very commonplace these days, often insisted on by buyers for the most nutty of reasons.

Is this your dream home? Are you really keen? Cool - good luck, and until you are shown summat to actually be concerned about, don't be too concerned about this; happy to bet a £iver it's not an issue, either of them. 

Just read and ask :-)

(Don't contact Planning, tho', just in case the IndPol is for something to do with them. And, thinking about it, I suspect SRG - the co who likely took over the policies - are unlikely to confirm to anyone whether they have anything under that address, let alone what it may contain - not until you can show you are the new owner.)

Emily_Joy

Thanks - I wrote to the conveyancer... I am just wondering whether, assuming there was a breach of covenant there is any chance of putting the things right? e.g. if we want in the future to replace this conservatory with a two-storey extension like the neighbours did, we couldn't I assume do that without telling the LA