Regularisation or indemnity insurance?

[Wenglish]

8 years ago we carried out multiple works to our house - we extended the kitchen, removed a window and replaced with french doors and added an opening between lounge and dining room. Stupidly, as my husband and FIL were in the trade, all work was done by ourselves and we are confident the work is up to standard, but didnt want to pay for BI as we were on a tight budget at the time. As we are now selling our house, our solicitor advised us to get BC in to do a regularisation cert for the kitchen. The process was horrific, it cost us over £1k just to prove things were OK. To top it off, I found the dept were useless, made sweeping assumptions and didnt even read the plans properly.
Anyway, I was about to exchange on Friday and buyers pulled out (nothing to do with any building work). My buyers were cash buyers and didnt have a survey. I have not got building regs for the aforementioned opening or french doors. I really dont want to deal with the numpties from the council again.
Can I get an indemnity for the opening? It holds a bedroom wall above it, has 2 RSJ's and has been there for 8 years.
Can I get an indemnity for the french doors? I had actually applied and paid for this through the council, but they never mentioned it again, never asked about it, and never signed it off. We removed the window and took out the bricks below. The dpc is visible and the lintel's were never touched. If I decide to get the council in, what will they ask to expose?

 

[ban-all-sheds]

IANAL, but my understanding is that now that you have raised awareness of your lack of Building Regulations approval you don't have even a snowball in hell's chance of getting an indemnity policy.

 

[^woody^]

If deemed necessary, the buyer should take out the insurance. You shouldn't really mention anything until a buyer suggests it, else you will probably put them off.

 

[clifford1]

Would an indemnity pay for the cost of rectifying the work, should that be necessary, or merely the council costs?

 

[Chud]

Would an indemnity pay for the cost of rectifying the work, should that be necessary, or merely the council costs?

It covers you against enforcement action taken against you.

Basically if the council already know about stuff that isn't regularised you can't get an indemnity to cover it. If this is other stuff that they don't know about then your options are - 1) tell a porky on the property information form and don't mention the work 2)Mention the work and the buyer's solicitor will then want an indemnity put in place - it's based on the purchase price but the good news is it's one policy to cover against lack of buildings regs - which will cover against non-fensa registered windows and everything else not signed off - mine cost £50.

The stupid thing is most solicitors (and lenders) will insist on an indemnity policy even if the work carried out was mundane and done 10 years previously - regardless of the fact that it's gone beyond the time when the council can take enforcement action

 

[Chud]

You can of course push for your buyer to pay for the policy - I'd be inclined to see how much you're looking at first as you may lose the ship for a ha'penny's worth of tar!

Having just been through the process it seems to be the norm for the people that neglected to get the Building regs etc sign off that pay for the indemnity.

 

[ban-all-sheds]

I am minded to report any solicitor who tries to sell an indemnity policy to the Solicitors Regulation Authority.

 

[clifford1]

It covers you against enforcement action taken against you.

That doesn't actually answer my question. Supposing on inspection the work was found not to meet the regulations in force at the time or to be deficient or faulty, would the indemnity cover the cost of re-doing it? And would that be to the then-current or the modern standard?

 

[^woody^]

would the indemnity cover the cost of re-doing it

These policies indemnify the insured against most/all losses resulting from enforcement action against the work, including remedial work.

 

[ban-all-sheds]

http://www.fridaysmove.com/conveyan...building-regulation-indemnity-insurance/13917

 

[clifford1]

would the indemnity cover the cost of re-doing it

These policies indemnify the insured against most/all losses resulting from enforcement action against the work, including remedial work.

Do they?
"Indemnity policies will only cover losses and expenses arising out of enforcement action, not any loss arising because of a defect in the work."

 

[freddiemercurystwin]

would the indemnity cover the cost of re-doing it

These policies indemnify the insured against most/all losses resulting from enforcement action against the work, including remedial work.

Ehh? Since when?

 

[^woody^]

would the indemnity cover the cost of re-doing it

These policies indemnify the insured against most/all losses resulting from enforcement action against the work, including remedial work.

Ehh? Since when?

Once the policy is signed

 

[^woody^]

would the indemnity cover the cost of re-doing it

These policies indemnify the insured against most/all losses resulting from enforcement action against the work, including remedial work.

Do they?
"Indemnity policies will only cover losses and expenses arising out of enforcement action, not any loss arising because of a defect in the work."

You've just repeated what I wrote.

 

[freddiemercurystwin]

would the indemnity cover the cost of re-doing it

These policies indemnify the insured against most/all losses resulting from enforcement action against the work, including remedial work.

Ehh? Since when?

Once the policy is signed

Keep taking the pills woody.