AVRillo

Should You Get Building Regulations Indemnity Insurance?

Table of Contents

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What Losses Does the Building Regulations Indemnity Insurance Policy Cover?

Building Regulations Indemnity Insurance is crucial for protecting against specific financial losses. It covers costs that may arise from enforcement action taken by local authorities over non-compliant building work. This includes alterations or extensions done without proper building regulations approval. It’s a safety net, ensuring you’re not out of pocket if the council steps in.

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What Isn’t Covered Within the Building Regulations Indemnity Insurance?

However, it’s vital to understand the policy’s limits. The insurance does not cover the costs of rectifying the non-compliant work itself. Nor does it cover any work done after the policy’s start date. It specifically addresses the legal costs and fines related to enforcement actions but leaves out physical repair costs.

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Table Title: “Key Differences Between Building Regulations and Indemnity Insurance”

FeatureBuilding RegulationsIndemnity Insurance
PurposeEnsure construction meets safety and quality standardsProtect against legal action for non-compliance
When It’s RequiredBefore construction or alterations beginAfter unauthorised work has been completed
Covered RisksDoes not apply (compliance-based)Legal costs, fines from enforcement actions
Rectification of Non-Compliant WorkRequired to meet standardsNot covered
CostVaries based on project size and complexityRelatively low, based on property value and work extent
Effective FromDate of approvalDate of policy purchase
Duration of ValidityPerpetual, as long as standards are metUntil the risk of enforcement action is removed or the property is sold

Team of conveyancers discussing legal documents and architectural plans, emphasizing professionalism and teamwork.Want to Obtain Indemnity Insurance? Then Don’t Tell the Council About the Unauthorised Works

 

Securing indemnity insurance requires discretion. Informing the council about unauthorised works before getting insurance can make it impossible to obtain cover. The insurance is designed to manage risks not already known to authorities. Once the council is aware, the risk becomes uninsurable.

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“I used the services of AVRillo for the sale of a house. Throughout the whole process communication has been fantastic, precise and fast. Any problems I had understanding what was required of me there was no issues in answering any questions I had. Everything was polite and professional and a big thanks to Cristina. Would highly recommend their services to anyone.” – Ferghal, a satisfied AVRillo client.

Cost of Indemnity Insurance for Building Regulations

The cost of this insurance varies, depending on the property’s value and the extent of the unauthorised work. It’s generally affordable, offering peace of mind for a fraction of potential legal costs. For precise figures, conveyancers like AVRillo, known for their efficiency and transparency, can provide detailed quotes, ensuring clients pay only for the necessary services.

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Can a Seller Market a Property With Unauthorised Bedrooms?

Selling a property with unauthorised bedrooms is possible, but it’s risky. It can lead to disputes or reduced property value. Indemnity insurance can mitigate some risks, but full compliance is always preferable.

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Can You Get Retrospective Building Regulations Sign-Off?

Retrospective sign-off for work compliant with current standards is an option. This involves an inspection by a building control officer. If the work meets the regulations, a certificate is issued, legitimising the alterations.

Read More: What is Conveyancing? 

You Cannot Get a Letter of Regularisation for Unauthorised Building Works Completed Before 11 November 1985

For works done before this date, a Letter of Regularisation is not an option. Properties with older unauthorised work rely on indemnity insurance for protection against enforcement action.

Read more: Local Authority Searches: A Comprehensive Guide for UK Property Transactions 

Close-up of building regulations document and architectural plans, underscoring the importance of legal compliance in constructionWho Pays for an Indemnity Policy?

Typically, the seller purchases the indemnity policy. It’s part of making the property more appealing to buyers, ensuring a smoother transaction.

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Is Indemnity Insurance the Same as Building Regulations?

No, indemnity insurance and building regulations serve different purposes. The insurance protects against legal action for non-compliance. Building regulations ensure construction projects meet safety and performance standards. Both are important, but they address different needs.

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Can I Sell My House Without Building Regulations?

Building Regulations

Selling a house without the necessary building regulations is possible, but it comes with challenges. Buyers may be hesitant, and the property’s value could be affected.

Letter of Regularisation for Unauthorised Building Works

For recent unauthorised works, obtaining a Letter of Regularisation is a way to comply with building regulations retroactively. It confirms the work meets current standards.

Selling Without Building Regulations

While you can sell without regulations, it’s not without risk. Indemnity insurance and full transparency with potential buyers, facilitated by reputable conveyancers like AVRillo, can help manage these risks effectively. Choosing AVRillo, with its high success rate and assured quality, ensures a more secure and transparent process, reflecting the best practices in conveyancing today.

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FAQ

A building regulations indemnity policy provides financial protection against legal actions taken by local authorities for non-compliance with building regulations. Specifically, it covers the costs associated with enforcement actions, including legal fees and expenses. However, it does not cover the costs to rectify the non-compliant work itself. This insurance is crucial for work done without the necessary approvals, offering peace of mind against potential financial penalties.

The 10 year rule in building regulations refers to a principle where local authorities may have limited enforcement actions for certain breaches of building regulations that occurred more than 10 years ago. This means if unauthorised building work was completed over 10 years prior, the local council may not be able to take enforcement action against it. However, this rule doesn’t guarantee protection against all forms of enforcement, and it’s always best to check with local authorities or legal advisors on specific cases.

The cost of building indemnity insurance varies depending on several factors, including the value of the property, the nature of the unauthorised work, and the level of risk assessed by the insurer. Generally, it is considered a relatively affordable one-time payment, especially when compared to the potential legal costs and fines associated with enforcement actions. Prices can range from a few hundred to several thousand pounds, making it important to get a tailored quote for your specific situation.

Indemnity insurance does not cover the cost of rectifying the non-compliant work to meet building regulations. Additionally, it does not cover any new work carried out after the policy’s start date or known violations reported to the local authorities before obtaining the policy. The insurance is designed to protect against legal and financial repercussions of past unauthorised work, not to fund corrections or future projects.

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