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Old 29-07-2011, 11:33 PM
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Join Date: Jul 2011
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Default Does Indemnity Insurance Prevent Further Development Need Council Approval?

I am in a process to buy a property. My solicitor discovered some of the conditions in the planning permission was not complied, and the seller is happy to buy indemnity insurance to cover that.

However, my solicitor warns me that this insurance will stop me from any further development of the property that need Council approval, because my application to Council for further development will void this insurance policy. Is this true?

Thanks!
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Old 08-08-2011, 01:31 PM
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Join Date: Apr 2007
Location: Hampshire
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Default Re: Does Indemnity Insurance Prevent Further Development Need Council Approval?

Quote:
my solicitor warns me that this insurance will stop me from any further development of the property that need Council approval, because my application to Council for further development will void this insurance policy. Is this true?
Quite likely, yes. However after the breach of conditions has subsisted for 10 continuous yaers it will become immune from enforcement under planning and if you approached the Council about further work:

a) they couldn't do anything about the previous breach; and
b) you wouldn't need the policy then anyway.
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RICHARD WEBSTERwww.rwco.co.uk
As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.
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