BLOODY INDEMNITY POLICY

[madcatladyforever]

I am absolutely livid, two weeks before exchange I find out the seller has been lying to me for months. The conservatory in the grade 2 listed house I'm buying is not signed off by listed building control. I found out incidentally and they have the bloody nerve to offer me an indemnity policy which is about as much good to me as used toilet paper.
It would be invalid almost immediately, I looked at the terms on it.
My short term rental runs out in 4 weeks, I'd have to renew it for a full 6 months all of which I'll be liable for if we don't complete.
It will take 2 months to get the conservatory retrograde planning permission....if at all and I will not be responsible for all the expense involved.
I've told them they get it signed off or the sale is off.
Why are people such dishonest, lying shits. I have been honest and above board the whole way even offered them the full asking price.

Anyway the point of this post other than a rantathon was what good if at all are indemnity polices? They don't look like they are worth the paper they are written on.

Is it a very big conservatory then?

No it's a very small conservatory but it's caused no end of hassle, they could ask for it to be demolished as it's an illegal addition.

I would never accept an Indemnity policy
in these circumstances

Our indemnity policy cost £70 one off fee for protection against any claims of a public footpath through our land. Mortgage company (woolwich) arranges it and we've never looked back.

Why is it an illegal addition? Most conservatories don't need planning permission if they are small enough.

It sounds as if it is a listed building so basically time never runs out on an unauthorised allegation and the alteration is always illegal.

An indemnity policy just pays out money, but would not deal with any illegality. Exactly when it pays out depends on the wording of the indemnity and these can sometimes be negotiated. Once someone speaks to the local authority though the indemnity will no longer be a possibility.

That said, illegal changes to listed buildings are remarkably common and if you did not build the conservatory it is highly likely that the only sanction against you if found out would be an order to demolish it.. If you could fix the problem if challenged by demolishing the conservatory and you don't care if you have a conservatory or not, then I wouldn't rule the house out.

addition not allegation!

Why is it an illegal addition? Most conservatories don't need planning permission if they are small enough

Perfectly correct, unless the property is listed, which this one is.

We came close to buying a listed house once. It had infringements (not even as big as a conservatory but expensive to remedy) and our solicitor was clear you couldn’t indemnify against this. We were advised that infringement are criminal offence and that as a buyer that passes to you if you are served an enforcement notice after purchase. We didn’t go through with ours but that was one of many issues.

Ask for a reduction to reflect cost of removal, assuming you would be happy enough with house without. How did you find out and how long has it been there?