Claim Case Study: Building regulations Lack of listed building consent Background First Title’s Planning and Building Regulation Policy provides coverage in respect of a loss, arising directly out of the local planning authority or building control department taking enforcement action against the insured for lack of planning consent or lack of building regulations approval. The property (a Grade 2 listed building) comprised of ground floor shop premises, a first floor one-bedroom flat and a second floor one-bedroom flat. The unauthorised conversion of the two upper floors, from a single maisonette into two separate dwelling units breached planning and building regulations and the works had been carried out without listed building consent. Therefore, when purchasing the property, the insured obtained an indemnity policy in relation to the two upper floors of the property. As a result of the Local Authority reviewing a number of older files, the Local Authority carried out a site inspection in order to ascertain whether the internal works carried
out several years before, fell within the listed status of the building. Following this, the insured received correspondence from the Local Authority threatening enforcement action advising that unauthorised works to a listed building are an offence under Section 9 of the Planning (Listed Buildings & Conservation Areas) Act 1990.
Solution The Local Authority confirmed the remedial works required to the two upper floors in the property, which included the removal of inappropriate doors, the restoration of lath and plaster and the removal of marble tiling. First Title indemnified the insured for the full cost of these remedial works to the properties in order to comply with the planning and building regulations. Once complete, the insured applied to the Local Authority for the appropriate consent and was issued with a completion certificate bringing the claim to a satisfactory end.
Call: +44 (0)207 160 8218 Email: online@firsttitle.co.uk Visit: www.firsttitleresidential.co.uk First Title Insurance plc is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. First Title Insurance plc is registered in England under company number 01112603. Registered office: First Title Insurance plc, ECA Court, 24-26 South Park, Sevenoaks, Kent TN13 1DU.
Leading Title Insurance 956-0219