building indemnity

clearoutlook | 00:19 Sun 14th Jan 2007 | Property

4 Answers

I am in the process of buying a property which I've recently discovered has not received planning concent and listed building consent for a partition wall and replacement patio doors and a window. My solicitor is insisting that the seller take out an indemnity policy otherwise I may have a problem reselling at a later date. Is an indemnity policy a safe way to proceed with the purchase and will it in any way effect the market value of the property?

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buildersmate

Indemnity policy - yes, that's why your solicitor suggests it.
Market value - only you can judge that. But many people buy a listed property for its period features and if some crass individual has done such a poor job that they can't be bothered to get the consent, one wonders what else they have done to the house. You will have to judge whether the changes are sympathetic / in keeping or not. If they look out of place, I wouldn't touch the place.

clearoutlook

Question Author

Thanks very much for your feedback. The flat is a modern 1970's construction annexed to a stucco fronted grade II lited building. I personally think the wooden window replacements are in keeping and shouldn't devalue the property. The partition is okay but there is room for improvement. However, the main issue is the indemnity. I shall consider your response very carefully.

dolly pond

Ask a good builder to have a look at the work,

mjmills

Be very wary.

Planners, if made aware could ask that all unauthorised work be removed, and the original features restored.

If you are the current owner of the property it will be at YOUR COST.

The indemnity i assume will be an insurance policy, or similar.

Should you be required to rectify the work, enforcing this will be a civil matter and the legal costs etc to obtain this.
The planners will be less sympathetic, and you will probably need to fund the works yourself and then recover through the indemnity mechanism later.

Secondly, if the planners are aware, selling your house later without restoration will be impossible

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