Partial garage "conversion"

[^woody^]

I have never seen a condition that voids or reduces cover for having "unauthorised" works. I will hold my hand up if anybody can quote a policy condition that actually says this, but I've never seen one.

You are right, there is probably no condition stating "Let us know about any unauthorised, unlawful works you have"

However, there is a 'duty to take reasonable care not to make a misrepresentation' by which the proposer is obligated to make the insurer aware of all risks that can affect the cover and premium.

And even if the thing not disclosed has nothing to do with any future claim that may be made, the policy can still be voided.

 

[^woody^]

I'll have to get some quotes

The problem with that is that you will get quotes based on what the builder wants to do, not what should be done, or not what will comply if you need to get the work regularised at some future date.

 

[burg]

The problem with that is that you will get quotes based on what the builder wants to do, not what should be done, or not what will comply if you need to get the work regularised at some future date.

Well, I'm hoping to find some reputable builders with at least some experience of handling building control. I know.....easier said than done!

 

[mrrusty]

However, there is a 'duty to take reasonable care not to make a misrepresentation' by which the proposer is obligated to make the insurer aware of all risks that can affect the cover and premium.

Not true. It changed in the Consumer Insurance Act 2013. From then on, the Ins Co have to ask specific questions to obtain relevant information. There is no longer any obligation to "presume" or "take reasonable care" by the insured.

From 6th April 2013, your insurer will have to ask you specific questions to obtain relevant information about your circumstances when you buy insurance. The Consumer Insurance Act will give you legal protection if you unknowingly give incorrect or incomplete information to your insurer. This means your insurer will not be able to decline a claim on the grounds off non-disclosure unless you carelessly or deliberately lied or misrepresented your circumstances.

 

[noseall]

Well, I'm hoping to find some reputable builders with at least some experience of handling building control. I know.....easier said than done!

You need to get it designed and drawn up, otherwise fag packet - finger in the air quotes, are pointless. You need to be comparing apples with apples, when viewing their quotes. All singing from the same song-sheet.
The forum is littered with costly Building Notice failures, whereby homeowners decided to bypass the design stage.

 

[^woody^]

Not true. It changed in the Consumer Insurance Act 2013. From then on, the Ins Co have to ask specific questions to obtain relevant information. There is no longer any obligation to "presume" or "take reasonable care" by the insured.

Previous settled case law on "materiality" still applies.

Every circumstance is material if it would influence an insurer in fixing the premium and the terms of the insurance and deciding whether accept the risk.

The duty of the proposer to make a fair presentation applies.

 

[burg]

The forum is littered with costly Building Notice failures, whereby homeowners decided to bypass the design stage.

I wasn't aware design plans were a pre-req for building control, it wasn't when we obtained it for our internal door - no mention of it from the council or the building inspector who signed it off, or maybe I was just lucky at the time and they just didn't care!

All I want to do is replace a garage door opening with a window, sadly it's sounding like there's a lot more red tape than I anticipated! Who would put together a design document and what would that entail, just the specifics needed in terms of materials to satisfy BC? I'm guessing they would at least know the absolute minimum spec I could get away with to obtain it. It's a 1996 semi detached townhouse (rest of the house above the garage and the other house on the garage side) so hopefully there's not a huge amount to really consider...

On another note I have a feeling this isn't going to be possible but is there a maximum time you can have a building control application open for? Presumably I can't just start one, initially submitting everything required and just pause after bricking up the door? Saying the rest is to come in the following years and I'll request the site visit once it's ready....? Appreciate sign off would be needed at some point, I won't have bypassed it then at least but it means I don't have to have all the work done now that I don't want or need.

 

[noseall]

I wasn't aware design plans were a pre-req for building control

They aren't. Although it often means that BCO's won't need to babysit those carrying out the work.

They are for naïve homeowners that lay their trust in inexperienced builders.

 

[mrrusty]

The duty of the proposer to make a fair presentation applies.

It doesn't any more. Since the insurance act, the only obligation on the insured is to answer all questions and requests for information honestly and truthfully.

It's here:- https://www.abi.org.uk/data-and-res...e-consumer-insurance-act-means-for-customers/

In the context of the thread, unless a policy actually says you must inform the insurance company of any building works at all whether diy or by others, it is irrelevant. It would only become relevant if the work was both faulty AND was demonstrably the cause of a loss, which of course, unless it was DIY, would open up a counter claim for negligence against the contractor. I go back to my own policy, which says that I must inform them of works over £100K - that's their threshold. They could have said £10K or £1K, but they have chosen not to.

Sorry to be pedantic, but it's written far too often that not getting certification voids insurance, whether it's electrical work or anything else, and it generally doesn't. As a long-time DIYer of quite substantial works I've checked this several times with my own insurer's policies.

If you think about it, if the Insurance co's invoked such an "any modifications" requirement they would be completely swamped with information and the DIY industry would be in the toilet.

I accept that there is a slightly different perspective with motor policies where "modifications" can become relevant even if they seem immaterial, but until insurers introduce such a "modification" clause in buildings insurance, I think we are OK