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  • Hi all, after some advice...

    In the process of buying a house that has had alterations that didn't get planning consent/building control sign off. Seller has agreed to pay for indemnity insurance, the terms of which are as follows;

    This quotation is provided on the understanding that the following are correct, and if this is the case, you do not need to confirm
    them further:

    1. The works to be covered were completed at least 12 months ago (‘works’ can include additions, alterations, replacement doors and
      windows, conversions, extensions and other installations)
    2. You are not aware of any adverse features and/or recommendations for remedial action, in respect of the works
    3. No application for consent has previously been refused and/or application made to obtain retrospective consent, in respect of the
      works
    4. The breach of planning condition occurred at least 4 years ago
    5. There has been no attempt to regularise the breach of planning condition(s) with the local authority
      The property is a single, stand-alone residential dwellinghouse or a purpose-built flat, rather than a property formed from a
      converted building, a house in multiple occupation, or an additional, self-contained dwelling ancillary to the main dwelling.
      6.
      The local authority has not indicated any intention to investigate or take action in relation to the breach of planning condition(s)
      and/or works.

    Subsequently I've done some digging on the local council planning portal, and found a a building control application that was submitted in May 21 and withdrawn in June, detailing the the works that had been carried out (extension in 2005 and removed of chimney breast in 2020). Which I find a bit suspect.

    My understanding is that this would invalidate any indemnity insurance...

    The sellers are either stupid or deliberately withholding information. For context, they failed to mention anything about chimney breast removal on the property information form, and described the extension as a conservatory, so I don't trust much of what they say!

    Not really sure what course of action to take next. Any advice welcome.

    Cheers

  • Those conditions appear to conflate planning permission and building control. What does your conveyancing solicitor say?

  • You're probably aware but this only covers you in the event of the council (I think) requiring that you reverse the building works.

    It doesn't do anything to protect you if turns out that the works are shit and need to be redone or your house falls down.

    It may also impact on your insurance if it turns out that one of those things causes a problem and you were aware that it may not be up to code so it's worth checking that.

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