Letter of comfort or indemnity policy for minor uncertified work?

[Boduryan]

Advice and opinions, please!

We're in the process of buying our first flat. It's been a ridiculously protracted process and just as we thought all was falling into place in time for entry date in Dec - one more stumbling block.

It seems at some point a small window has been created between the bathroom & communal close. ¯\(ツ)/¯ There are no building warrants for this work.

Our solicitor is insisting on a letter of comfort from the council. This is our preference. BUT it will take up to a month to come through and what with Christmas and the period of notice for our current rental, this means pushing entry to end of Jan. Plus, any delay on the letter and we could end up having to keep our rental flat through Feb too.

Alternatively, the seller's solicitors are pushing for an indemnity policy. This is a quick and easy solution - we could be done and in in Dec as planned. BUT it could present problems when it comes time to sell in a few years. As we understand it, some lenders won't accept indemnity. But then again, it could be fine.

For some reason, we are just paralysed by this decision. What would you lovely people do in our position?

Letter of comfort .No guarantee Indemnity policy will be accepted on a sale

If you've already contacted counxil you can't get an indemnity policy anyway now.

Yep, part of the conditions of an indemnity policy are that you haven't been in contact with the council.

True. The council hasn't been contacted about this yet - the estimate about timings comes from out solicitor. BUT we've spoken with a friend in the building trade and he thinks it likely wouldn't get a letter of comfort as it probably contravenes fire regs (only opening between flat & close should be fire door). We're now thinking of asking them to put it right (remove window, close opening). Or to get the indemnity & withhold cash from purchase price so we can then put it right (which would invalidate the indemnity but that's fine). Feasible or silly?

To me the second option is risky as you never know what the Council will want doing until you get them out
So you would need a decent sum to be available
Retention of estimated cost plus 25%?

What is your Lender ‘s attitude

Good point re lender. They're happy to accept indemnity, but of course they would want us doing anything after purchase to invalidate policy. That narrows our options, which is probably no bad thing,

*they wouldn't want us