Building Regs Indemnity

[RobP]

Hi

Sorry for thread title as i can see there have been numerous posts about this before but i think my situation is slightly different. Have read through many topics about this but can't see the answer i'm after.

I understand the basic fact about the indemnity policies. The difference for us is that we took it (house bought 2008, work done 2004 no sign off evidence gained as house was a repossession) and the issue is with a sewerage drain that has been routed into a surface water drain when the work was done, ie. it's illegal!!

Now, we have found this ourselves during some other blocked drain works and will have to get it resolved. I know the point of the indemnity is to cover the off chance building control shows up and finds this without being contacted, but obviously now we are aware of the problem i have a conscience to the point where i will not knowingly emit sewerage and washing machine waste into a surface water drain and as stated it is illegal and could land us a large fine with the authorities.

Any comeback on the indemnity policy in this situation?

Thanks,
Rob

[Richard Webster]

These policies only pay out if the local authorioty take enforcmeent action - and you will need to check the kind of enforcement action that is covered. You might be covered if a neighbour reported it to the Council's health department and they served notices under that legislation - but you might not.

Certinaly if you tell the Council then the policy won't cover you.

In this case may be worth ringing the insurer to explain what has happened and ask if the cover is available for you - but somehow I doubt it because the main loss to you is because of the poor quality of the work itself rather than any enforcement action taken by the Council.

[RobP]

Thank you Richard, I would suspect that as soon as we contacted the policy provider we will have blown any chance of claiming against the policy.

Seems a shame in this instance that we haven't been inspected and had the remedial works legally forced upon us (you won't often hear yourself saying that hey )

Thanks for your reply
Rob