Lack of Building Regulation Approval Indemnity Insurance Mortgage Company conveyancing requirements

Yorkshire Bank Home Loans and Bank of Scotland, as with most mortgage companies, dictate their own specific instructions when it comes to lack of building regulation approval indemnity insurance. This page is designed to help residential conveyancing lawyers on the various lender conveyancing panel where the title to be charged includes lack of building regulation approval. It is not a substitute for checking the Council of Mortgage Lenders’ handbook requirements for each bank, whether it be Lloyds TSB, Barnsley BS or RBS. The information on this page is not focused on lack of building regulation approval indemnity insurance requirements.

Need help with lack of building regulation approval indemnity insurance from your lender?


As a property lawyer on a mortgage company panel you must conduct due diligence as to (including any supplemental investigations to clarify any issues which may arise) to ensure the residence or any works thereto has the correct Building Regulation Approval and that the property may be the subject of enforcement action.

Where there is evidence of a lack of building regulation approval but in your professional opinion there is no reasonable chance of enforcement action and, following appropriate enquiries, and you are assured that the title is good and marketable and can provide an unqualified COT, the mortgage company will not insist on lack of building regulation approval indemnity insurance and you may go ahead without it.

If there is such evidence that not all building regulation approvals will be in place on completion, where you are not able to provide an unconditional COT, you should reveal this to the bank in accordance with 2.3. of Part two of the Council of Mortgage Lenders Handbook. Each mortgage company such as Yorkshire Bank Home Loans or Bank of Scotland may adopt a different stance.

About Lack of Building Regulation Approval Indemnity Insurance

Lack of Building Regulation Approval Cover is typically needed where no proof of building regulation consent can be supplied for alterations (or FENSA certificate for windows) that have been in existence for 12 months or more, whether a residential property or large commercial project. The loss arises following successful enforcement action by the local authority. In a typical conveyancing scenario the owner would be expected to pay the premium for the Lack of Building Regulation Approval Indemnity Insurance, which would be taken out in the buyer’s name as well as the bank.

A lack of building regulation approval indemnity insurance policy is usually less expensive than seeking retrospective certificate and is without question significantly quicker. The downside is that the risk of enforcement action does not disappear.

Birmingham Midshires and Santander in common with most banks, requirements are that where lack of building regulation approval indemnity insurance is effected:

  • you must disclose to the insurer all relevant information which you have acquired
  • the level of indemnity must satisfy the requirements for the lender (See Part II Handbook requirements )
  • your firm must spell out to the borrower that the borrower will need to comply with any conditions of the lack of building regulation approval indemnity insurance policy and that the mortgagor should notify the bank of any notice or potential claim in respect of the insurance
  • the lack of building regulation approval indemnity insurance policy must be for the benefit of the mortgage company and, if possible, in favour of the borrower and any next registered proprietor or bank. Where the mortgagor will not be covered by the lack of building regulation approval indemnity insurance policy, you must advise the mortgagor of this fact.
  • the lack of building regulation approval indemnity insurance policy must not incorporate conditions that you know would void or prejudice the interests of the lender
  • your practice are responsible for approving the terms of the lack of building regulation approval policy on behalf of the lender
  • you must send a duplicate of the lack of building regulation approval indemnity insurance to the mortgagor and explain to the mortgagor why the lack of building regulation approval indemnity insurance policy was effected and that a further policy could be required if there is further lending against the mortgaged property
  • the lack of building regulation approval indemnity insurance policy must be placed on risk without expense to the mortgage company
As to the level of cover for the lack of building regulation approval indemnity insurance policy (or for that matter any indemnity insurance), consider the following sampling of Section 9.2 of the UK Finance handbook PII requirements for lenders:
Lender Requirement
Ahli United Bank An amount equal to the value of the Mortgaged Property
Barclays plc Higher of purchase price or valuation
Birmingham Midshires An amount equal to at least 110% of the purchase price or value, whichever is higher.
Co operative Bank An amount equal to at least 110% of the mortgage advance.
Darlington Building Society The higher of value or purchase price of the property.
Ecology Building Society An amount equal to at least 110% of the mortgage advance
Family Building Society An amount at least equal to the mortgage advance.
Hampden The open market value of the property according to the valuation report.
ITL Mortgages Minimum of the value of the property.
LiveMore An amount equal to the purchase price or value of the property, whichever is higher
Market Harborough Building Society Purchase price or valuation - higher of the two
Metro Bank The open market value of the property according to the valuation report.
ModaMortgages An amount at least equal to 110% of the mortgage valuation.
Mortgage Agency Services 110% of the purchase price or valuation, whichever is greater
Principality Building Society Full market value of the property is preferred but if this is not available we will accept the loan advance amount as minimum. You must approve the policy on our behalf. The estimated property value is stated in the Mortgage Offer in remortgage cases. Otherwise it will be stipulated in the Valuation.
Rely Mortgages An amount at least equal to 110% of the mortgage valuation.
Skipton Building Society For lender only cover we will accept a minimum of 110% (index-linked) of the amount of the loan.
The Mortgage Lender An amount at least equal to the mortgage advance.
Tipton Coseley Building Society Minimum of mortgage advance.
Virgin We require the full market value of the Property. Where this isn't available, we'll accept the loan amount as a minimum.

Non lender-specific considerations

The full terms, conditions and exclusions for lack of building regulation approval indemnity insurance are identified in the policy paperwork. Property lawyers should point your non-lender client to the lack of building regulation approval indemnity insurance policy document. Lack of Building Regulation Approval Contingency insurance is devised to afford indemnity in respect of the risks set out in the policy schedule - so you should check any draft to determine that it is correct. The duration of this non-investment insurance contract is in perpetuity unless the policy says something to the contrary. It is well worth checking that the time frame is correct.

Lack of Building Regulation Approval indemnity insurance: Important characteristics and benefits:

The insurance will normally cover where someone claims to be entitled to the benefit of the specified risks, stated in the lack of building regulation approval indemnity insurance schedule. Lack of Building Regulation Approval indemnity insurance Cover normally includes
  • Diminution in value resulting from the successful enforcement of the risks specified in the lack of building regulation approval insurance.
  • All ancillary costs and expenses incurred by the Insured with consent in writing from the relevant insurance company
  • Expenses for works (including architects’ and surveyors’ fees) for the purpose of the development begun, or contracted for, before the commencement of proceedings for the enforcement of the risks specified in the lack of building regulation approval policy, to the extent that such costs are rendered abortive by court decision.
  • Liability for damages or compensation incurred in any proceedings regarding the risks specified in the lack of building regulation approval policy, including legal and associated costs.
  • The cost of altering or taking down all, or part of the development and the reinstatement of the land, insofar as such alteration, demolition or re-instatement is made necessary by court order.
  • All sums paid with the written consent of the insurance company to free the property from the risks specified in the lack of building regulation approval policy.

You also need to be sure that the answers on the application form are accurate. However remote the likelihood of a claim on the lender insurance policy might be you can be sure that the insurer will check the details on any proposal form thoroughly prior to any claim being admitted.

Other considerations for lack of building regulation approval indemnity insurance

Lack of Building Regulation Approval Indemnity policies can provide effective protection, but non-lender clients should be asked to give pause for thought and consider that the consequences of not being able to enjoy the property as anticipated may mean that lack of building regulation approval indemnity cover will not necessarily be the right solution.

WhenIBought

Are questions about building regulations approval delaying a sale or remortgage for work that was already there when you bought? Think back to what your conveyancer said about certificates, any further checks and the purpose of any indemnity insurance. WhenIBought's building regulations page explores problems discovered after purchase and gives you a way to tell us what has happened.

Information contained within this webpage is for general information for Regulated law firms in England and Wales on the the lender conveyancing panel, it does not constitute advice for members of the public who should contact their lawyer for advice relating to the lender indemnity insurance. Whilst we endeavour to keep the information up to date and correct we do not make any representation or warranties of any kind about its completeness, accuracy, reliability or suitability. Any reliance you place on the information is strictly at your own risk. Lexsure will not be liable for any direct or indirect loss or damage arising out of or in connection with the use of this information. An important exclusion applying to most lack of building regulation approval Policies is if you make any contact with any party who might cause a claim under the Policy, it can invalidate the cover.

The above information covers to properties in England and Wales.