Buying a flat in conservation area but no building regulations

[0DP0]

Hi everyone,

I’m in the process of purchasing a Victorian converted flat in a conservation area of London. Unfortunately, the property had their roof and chimney replaced, but no planning/building regulation consents were obtained for this alternation. This work was completed back in 2013.

The seller has agreed to obtain an indemnity insurance for the lack of conservation area and building regulation consents. However, I feel that this insurance is just a quick workaround so that they could sell the flat ASAP.

The property consists of two flats and it’s kinda strange that the indemnity covers only the flat I’m going to purchase.

Is such an imdemnity cover a common thing?

I’m worried that I might have difficulties selling this place in the future. Similarly I’m worried that should I need to make a claim, my building insurance won’t cover me.

I’m kinda lost here and I would really love to hear your thoughts about this. Anyone had similar experience?

Cheers,
DP

What does your conveyancing solicitor advise? This is exactly the sort of issue they should be dealing with.

Indemnity on,y usually covers enforcement action by the council, not remedial works. Ask your surveyor to assess it and advise whether it is structurally sound.

Our solicitor seems to be happy provided there is an indemnity cover. But I’m just worried of any potential issues that I would have such as building insurance cover.

This indemnity cover becomes invalid if the council/authority is aware of this issue. This isn’t something that I have control of. They could become aware if someone else (eg potential purchaser of the other flat) informs them.

Unless you are getting it for a very good price dont buy it. Prices in london are falling, flat prices will fall hardest due to the thousands of new flats built and not sold in the last few years. Flats with issues like this one will not sell easily and will need a heavy discount

It is only invalid if the council become aware before the policy is taken out. The policy can be passed on to future purchasers and br are only retrospectively enforceable for a specific period.

https://www.planningportal.co.uk/info/200128/buildingcontrol/38/buildingg_regulations/3