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Building Regulations Indemnity policy and local authority enforcement

If you have had any building work carried out in the past 12 months that weren't regulated, you can apply for a lack of building regulations indemnity insurance policy. You might need this to cover yourself financially is a local authority chooses to enforcement Section 36 on you, but the indemnity insurance won't cover you for anything other than local authority enforcement.

To apply for lack of building regulations indemnity insurance you must have had the work carried out less than 12 months ago and must not have already been contacted (or made contact) by local authority regarding the lack of regulations.

Local Authority Enforcement

According to Section 36 of the 1986 Building Act a local authority can place enforcement on a homeowner to correct, remove or alter any buildings carried out without building regulations. However, they are unlikely to do this after a 12 month period has passed. They may not address the issue at all if the alterations pose no risk to the homeowner, residents or breaches any planning regulations. However, a building regulations indemnity insurance policy will financially protect you in the event of a Section 36 enforcement.

12 Month Period

You can only apply for a lack of building regulations indemnity insurance policy after the 12 months of building work being carried out. This is because a local authority is unlikely to enforce Section 36 on a homeowner after the 12 month period.

Selling a Home

Any lack of building regulations indemnity insurance policy will cover the entire value of a home and cover all costs, including legal costs, if a local authority enforces Setion 36. If you are selling your home most buyers might not be comfortable in a purchase where certain building regulations weren't followed, so an indemnity insurance can be a quick fix to ease their concerns. However, the insurance will not cover the cost of poor work carried out or any danger posed by the building work.

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