Navigating Consent and Indemnity: Selling a Flat with No Planning Permission

onix22

Four years ago, we purchased a flat featuring a stud wall that was erected 11 years prior, effectively transforming a large kitchen into a second bedroom. The construction lacked proper documentation, leading us to secure indemnity insurance. Subsequently, we upgraded the boiler and renovated the bathroom. Seeking pre-approval for these modifications from the Council, we now intend to sell the flat. To proceed, we must obtain Consent for works from Southwark Council and have already communicated the alterations via email. The Council answered back requesting to see the floorplan of the flat and evidence of kitchen  fire door installed. Is there a risk of invalidating the indemnity insurance? Can we inform the buyer that we will discontinue contact with the Council and rely on the existing indemnity insurance?

eddddy

Planning permission won't be required.

So I'm guessing that the issue is that the council is your freeholder, and an alteration has been made that required freeholder consent, and there is no freeholder consent. So you got indemnity insurance for alterations without freeholder consent.

If that's the case, to be honest, you probably have invalidated your indemnity insurance by contacting the freeholder about this, and it might now be difficult for your buyer to get indemnity insurance.


Perhaps the best plan is to continue your discussions with the freeholder, and hope that they grant consent for the alterations. That would solve the problem.