Aibu to think retrospective consent request is insane for this?! Any conveyancing bods about?

[Houseselling899]

I worked in conveyancing years ago so not totally unaware of the process but it's been some time so I feel a bit rusty in my knowledge.

We are currently selling an ex council property which was transferred from the council to private ownership in 2003.

When we purchased the house in 2020 we were made aware of a breach of covenant in the 2003 transfer because someone at some point had put in a driveway without gaining consent from the council. It was obviously done a long time ago though so we bought with breach of covenant indemnity insurance.

Fast forward to our sale now and our buyers solicitors are insisting that we get retrospective consent from the council. Google Earth shows a driveway at the property in Sept 2005 making this at least 20 years old.

Am I right in thinking this is absolutely unnecessary considering the age of the breach? I understood that legal action should be taken within 12 years of the breach and anything over 20 is practically unenforceable.

There is already indemnity in place from when we bought.

This sale has been hell from the outset and this just feels utterly ludicrous.

Just say no and that indemnity insurance is more than sufficient.

I'd also say no unless you are desperate not risk the sale falling through.

Would also say no. If you approach the council at all, it invalidates the policy.

I definitely don't want to lose the sale but it seems like far too big of a risk to put the LA on notice about a 20yo driveway. They could potentially refuse and it's a big selling point of the house.

I definitely won't be contacting them, but I'm just more surprised that the solicitor has even made a fuss over it when it's been there for 2 decades unchallenged.

We had a solicitor who made a huge fuss about the size of paving slabs outside ofnyhe building (slightly wrong size against the planning). Nothing surprises me any more!