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Buyer wanting us to pay for indemnity insurance for windows

28 replies

FatimaLovesBread · 06/10/2018 15:33

We're days away from exchanging when our buyers solicitor has just come back with another query (after the original replies were sent a month ago, god knows why it has taken so long)

Our house is in a conservation area. Replacement windows and doors were installed in 2006 by the previous owners, we bought the house in 2010 and our solicitor requested a copy of the FENSA certificate which was provided but I don't seem to have now.

Our buyers solicitor originally asked a month ago for proof that planning permission was granted for the windows in a conservation area. I replied that the previous owners installed them and as far as I am aware no PP is required as although it is a conservation area, the house is not listed or under an article 4 directive.

Sol has now come back a month later saying they want written proof from council that windows didn't need PP or indemnity insurance.

I wanted it sorted asap but if I go to council, I then can't get the insurance. But I don't think it is needed.
Plus it has a FENSA certificate app surely building regs wouldn't sign off if it had needed PP? Also, the building regs sign off shows up in the LA search

I'm annoyed that it's taken 4 weeks to raise again when we're supposed to exchange and that I can't ring my sol and rant because it's a Saturday.

Does anyone know anything about planning or Windows?

OP posts:
ballseditupforever · 09/10/2018 16:00

Just pay for the indemnity. It's pretty normal.

Mildura · 09/10/2018 16:23

It is highly likely that it's the solicitor asking for the indemnity in their capacity as acting for the lender, to comply with CML guidelines, rather than the buyer themselves.

wonkylegs · 09/10/2018 19:05

Indemnity is usually asked for if work has been done and permission hasn't been sought - it's to indemnify you / your lender from the risk of having to rectify the situation either by gaining permission retrospectively or removing the work and making the building good again.
If you don't require permission in the first place and can show this then what are they requiring indemnity for?

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