Hi Folks
Quick question (have had a quick search but not found the same question before...)
We're in the process of selling our house and the buyer's solicitor is getting a bit silly with regards to indemnity insurance requests.
The house has a restrictive covenant in place (dating from god knows when but probably when the house was built) stating “no building shall be constructed without the consent of the surveyor of the vendors or their heirs” - meaning no other building on the property.
To the side of the house a previous owner has installed a 'lean to' on top of a timber deck - the agents tried to sell it as a conservatory but it's basically a greenhouse sat on top of decking wedged down the side passage of the house (see picture).
To the rear of the garden is an old car port - basically a timber frame to support a roof between next door's garage (to left of picture) and the brick boundary wall on the right.
The the buyer’s solicitors are asking that an indemnity insurance policy be put in place for the breach of this covenant which has occurred - my first question is do these structures constitute a breach - highest point on either structure is under 2.5m?
Secondly my solicitor has stated "...in respect of the lean to, extension and carport do you have the building regulations certificates/ If not, the buyer’s solicitors may ask for a lack of building regulations indemnity insurance in this regard." - I thought there was a statute of limitations with regards to building regulations and I wouldn't expect the lean to and carport to be covered by regs? (The extension was built a good way back - previous vendor stated 1900 on property form but I think that's BS) and the lean-to and carport were both there when we bought the property in 2006.
What do you think?
Quick question (have had a quick search but not found the same question before...)
We're in the process of selling our house and the buyer's solicitor is getting a bit silly with regards to indemnity insurance requests.
The house has a restrictive covenant in place (dating from god knows when but probably when the house was built) stating “no building shall be constructed without the consent of the surveyor of the vendors or their heirs” - meaning no other building on the property.
To the side of the house a previous owner has installed a 'lean to' on top of a timber deck - the agents tried to sell it as a conservatory but it's basically a greenhouse sat on top of decking wedged down the side passage of the house (see picture).
To the rear of the garden is an old car port - basically a timber frame to support a roof between next door's garage (to left of picture) and the brick boundary wall on the right.
The the buyer’s solicitors are asking that an indemnity insurance policy be put in place for the breach of this covenant which has occurred - my first question is do these structures constitute a breach - highest point on either structure is under 2.5m?
Secondly my solicitor has stated "...in respect of the lean to, extension and carport do you have the building regulations certificates/ If not, the buyer’s solicitors may ask for a lack of building regulations indemnity insurance in this regard." - I thought there was a statute of limitations with regards to building regulations and I wouldn't expect the lean to and carport to be covered by regs? (The extension was built a good way back - previous vendor stated 1900 on property form but I think that's BS) and the lean-to and carport were both there when we bought the property in 2006.
What do you think?
Attachments
Last edited:
