There can be a lot of paperwork when selling your home and it's important to hold on to these for future reference. This was something a recent client realised when it came to selling their home.
They came to us and asked...
Q: We are currently trying to sell our property and are going through the conveyancing process. When we bought the property, our previous solicitor requested the seller to provide an indemnity policy for the loft conversion. We have mislaid the policy and are worried that we will lose this house sale. What do we do?
A: A loft conversion can be a substantial alteration to a property and they require Building Regulations Consent.
It appears Building Regulation Consent was not available from the seller when you bought, and your solicitor chose to accept a Title Indemnity Policy in lieu. This indemnifies the buyer against any enforcement action which may be taken by the Local Authority. It may well be that sufficient time has now elapsed since you bought the property for the issue not to be a problem
Generally, any enforcement action must be taken no later than four years after the works. If this work was carried out beyond these time frames then no action can, generally, be taken. If this is the case for you, then the lack of Building Regulation Consent or the Indemnity Policy should not be an issue. Speak to your solicitor who will be able to advise you based on the specific facts of your case.
Have a Conveyancing Question?
For legal advice regarding Building Regulation Consent and Title Indemnity Policy’s please get in touch with our friendly and knowledgeable conveyancing solicitors in South Wales.
