Indemnity

[noddynoo]

Hi
I bought a flat with an unofficial roof terrace just a few bits of decking unsafe etc. I didn't seek an indemnity as I was a cash buyer and had no idea i needed one as terrace has no planning. I replaced the rails and decking with new and somene says I may have to take it down! Can I take out the insurance now or is it too late?

[bushbaby_de]

Depends on who the 'someone' is - if its a neighbour you may have time to take one out, if it's the Council you are most likely too late.

[noddynoo]

Well its a neighbour but I think they may tell council unfortunately.

[The Builder]

I don't want to add to your problem, Noddy, but lack of Building Regulations consent is as important.

If you arrange cover, then any contact, by you, with the District Council would invalidate that cover.
Even if your neighbour "tells", the cover may still hold, but it's an awful risk.

Look seriously at "regularising" (their jargon) the position with retrospective PP and Building Regs.

[noddynoo]

I have replaced the railings with ones that meet regs but I think its a planning thing too. I will look at regularisation but fear I will have to take it down and then what happens with my neighbours who have them too. I will be mighty unpopular if they have to follow suit!

[The Builder]

If the work has been there for four years since completion, the Council lose the right to pursue the infringement Noddy.

[noddynoo]

No it hasn't as I have replaced all the stuff with new which I think is what alerted the neighbour as it 'looks' new I will have to take whatever the consequences are!

[buildersmate]

The consequences are either you will be invited to apply for retrospective planning consent (if the planning officer thinks the issue) is relatively uncontroversial and planning would have been a formality, or you will be told to take it down.

It probably depends on the amount of overlook on the neighbour who is whining about it.

You should consider whether your advisors (solicitor) should have spotted it or whether the seller should have answered one of the standard enquiry questions on the sale that would have alerted you and your solicitor to the issue. Might get some comeback (aka money) from there.