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  • Legal FAQs

    Build over indemnity- Help

    Hi all,

    I’m hoping you can help

    We carried out an extension on our residential  property and obtained building control sign off in 2015 (side & back)

    We are now in the process of selling the property and the buyers solicitor insist we should’ve obtained a “build over” agreement from Thames water as we have built within 3 metres of the public sewer.

    For whatever reason I don’t believe this was obtained.

    I would point out the drain is still on the driveway and was never touched, we also have a further inspection panel in the garden. Nothing has technically been built over.

    We are at the point of exchange and this is the stumbling block.

    We have offered an indemnity but the buyer is questioning why the validate if these polices is only 15 years? And in the future how can they be certain a policy will be available to extend.

    I wish to pacify our buyer as there solicitor isn’t been helpful in this matter

    Any advice or ideas you can suggest will be greatly appreciated as we just want to exchange!

    Thanks

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    you can get policies that run for the lifetime of the mortgage - rather than just a fixed period (or at least you could when I got one 5-7 years ago)

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    DISCLAIMER just my personal opinion - for legal advice consult a qualified professional grown-up.


    Thank you

    what happens when the buyer eventually sells the property?  I think they are worried that if the type of policy is no longer available they will be stuck when eventually they sell

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    Anything is possible but I'd say that's incredibly unlikely given that this type of policy along with a bucket load of other indemnities have been around for decades - and given the low price of most of them it indicates they are 'low risk' policies from the insurance companies point of view.

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    DISCLAIMER just my personal opinion - for legal advice consult a qualified professional grown-up.