As I said if the local authority have been made aware of it, I believe this invalidates the indemnity.
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I disagree. Here is one who talk about "When works have been completed without building control sign off the buyer has two choices:" one of them an indemnity policy, https://www.samconveyancing.co.uk/n...building-regulations-indemnity-insurance-3520
"when the seller of a property has completed unauthorised building works" the work in this instance HAS permission and is not unauthorised.
I've just done a little more research and it only covers legal costs if enforcement action is taken by the LA, it does not cover the costs of carrying out any work. This would explain why the loft conversions I've dealt with that had indemnity insurance ended up in court, they all had major structural defects for example 75 x 50 existing ceiling joists with 3m+ spans used as floor joists. I believe they were suing for being mis sold the policies. Interestingly if they only cover enforcement costs, most of these illegal works have already been carried out a number of years, well past any statutory periods of enforcement so they are a waste of money.
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Not if it gets a sale over the line for a miniscule cost in the big scheme of things. I don't think there is any harm in asking if the buyer will accept an indemnity policy, they might not anyway.
If they do then, to be blunt, the problem isn't the sellers anymore.
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Has the buyer's solicitor actually raised the certificate issue or are you trying to pre-empt things?
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Why not go to the LA and say where's the cert... See what they say? If they say no final inspection was done... Ask them to come and do one and go from there?
Thats what I've been trying to say right from the start!
At which point intensity insurance isn't an available option.
It's a trade off between whether the final cert was just never done or whether the conditions weren't satisfied
From what I've researched, indemnity insurance is only available for unauthorised work, this work has an application lodged with B control and therefore is NOT unauthorised, the only thing required is a final inspection if everything is satisfactory, which it sounds like it probably is, a completion cert will be issued.
As indemnity insurance does not appear to be an option, the only option available is to request the completion inspection.
There was mention of a Regularisation Certificate but again this is not possible as the work is not unauthorised, in any case it still needs to comply with B regs for a reg cert to be issued.
The lack of a final inspection at this stage is not at all unusual, I have dealt with hundreds and rarely have there been any major issues.
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I still disagree with that.
I have recently, two weeks ago, dealt with a property disposal at work. It had work done to convert to an HMO in 2003 and appears on the council website with no completion certificate. Our solicitors offered an indemnity policy but the buyers declined and asked for £500 off the sale price instead. We agreed.
I asked before, what if building control carry out an inspection and decide the work isn't to a satisfactory standard?
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