Should my solicitors have advised indemnity insurance?

[Wilfulchaos]

I bought a house three years ago, and am now trying to sell it. It's Grade ii listed. The buyer's solicitors have spotted that it has had some works done before I bought it that should have had listed building consent. Unfortunately, because I have spoken to the council about the works, the buyers can't get indemnity insurance, so it's all a bit of a mess. But shouldn't my solicitors have spotted the problem and told me to get indemnity insurance? Feel like if the buyer's did, mine should have? Can anyone advise??

Yes they should have spotted the same thing

Urgh. Thanks, @dgfb. I was using the same solicitors to sell the house, and they've gone very quiet since I asked why I didn't have indemnity insurance. It's all a nightmare, because it's now going to be impossible to get indemnity insurance because I've spoken to the council - so I have to apply for planning permission - and I may have to reinstate what was there. Just getting in the planning permission is going to be at least £2,000 and god knows how much to reinstate. Would I have any comeback against my solicitors?

Anyone? Help!

Yes, my solicitor advised me of this when I was buying my property and I took out the appropriate insurance to cover this.

But if you say that the work was done before you moved into the property, isn't it the buyer's responsibility to get the indemnity? Why are you getting it?

We were in a similar position when trying to sell our house a few years ago. We had no building completion certificate for our extension (long story!) and I had mistakingly spoken to the council about it.

We managed to get a bespoke indemnity policy from a company online , from memory it cost us just over £100 so not extortionate. I just googled bespoke indemnity insurance and there are a few who specialise in these.

You may need listing building consent rather than planning permission depending on what has been changed. This is free to apply for.

It's normal for the seller to pay for any indemnity policy.

Yes. They should have. Complain and seek compensation of the costs you now have to pay. If they do t pay take them to the Legal Ombudsman.

What are the changes?

How do the buyer's solicitors know that the work was carried and that it required Listing building consent? Was it flagged up on their survey? Did your sellers disclose it?
The solicitors wouldn't know that work has been carried out unless someone tells them. They would know if a property was listed because it would say so in the local search. I think ( but it's been a long time since I last looked) that this question does come up on the property information form. Ask them for copies of your search, the survey, and the Information form to find out what was disclosed when you bought. Also check on the written report they sent you to see if they have covered their backs for this eventuality.

I am not sure if you can get indemnity insurance for grade 2 listing issues. The legal responsibility always lies with the owner regardless of who made the alterations.

You can def get indemnity for this

Ask your solicitors to approach the insurer and get a bespoke policy - or wait a few months and then get a policy, again, bespoke.

They should certainly cover the costs of making this right, and they know it.

What a shame the Council were informed.