"Restrictive covenant" Indemnity insurance?

[Daggerpie]

Guys, I got a rear extension going through Planning at the mo but we've got a "Restrictive Covenant" on our property that basically states that anything to be built on the rear needs to go through/get permission from the original vendor (House was build in 1991).

Now we've only recently bought the property and it's got a small 3x3 conservatory on the rear that the previous owners never got permission from the vendor from. Our solicitor made us aware of this but we're not to bothered as I'm sure the original vendor would have been in touch many years ago if they knew. It's coming down anyway to make way for our extension.

Now I've done a Google on the original vendor and it turns out they are still an active property consultant with an office approx 20mins from our house.(Gulp!)

My question is - do I chance it, built extension and then get Indemnity Insurance 12 months down the line (this seems to be the norm from what I can gather as the Insurance Co will only insure in 12months after it been built). Or are there any other options, if I take Insurance now I think that will only cover me for the current conservatory which will be coming down soon anyway!!

Once again any advice apprieciated..

[Daggerpie]

We're 4 very similar detached houses in the country, all built at the same time so I'm presuming we've all got the Covenant in place.

It's not overlooked by anyone as such (back's onto big garden & fields) so any building work on the back is really not going to get in anyones way at all. I don't think any of the other 3 houses have had anything done on the back, they look pretty much exactly like how they were built 25yrs ago.

Thing is, we're doing lots's to our house from the front as well, all new anthracite windows & doors (all 3 neighbours are still on the 90's red mahogany wood), nice new funky double garage door etc so out of the 4 it will stand out. I'm just worried the original vendor might drive past one day & put two & two together and come chasing after us for some ££££!! Hence was wondering what policies are avalible to maybe help cover it should situ arrise..

[Daggerpie]

Thanks for your feedback, I emailed my solicitor who dealt with the house purchase (only bought it mid December), they have mentioned the Indemnity Insurance as follows:


"Any policy taken out now would cover the current breach (ie the conservatory) but then if additional works are then carried out this would invalidate the policy.

Alternatively it may be possible to get a bespoke policy to cover a future breach and I can make enquiries if you wish. Please note our fees for searching for and obtaining a quotation will be £100.00 plus VAT."



I think I'll wait until I get the go ahead from planning on the extension and then take it from there. Does anyone know if there is such a thing that covers a "future breach" or will it most likely be a case of having to wait until 12months (min) after extension built till I can get cover??

[Daggerpie]

glm1977 said:

We queried this with the original builders who own the covenant and essentially they wanted proof of granted planning permission, a copy of the plans and £600 to rubber stamp it their end.
once rubber stamped, its deemed ok by them and would accompany the title deeds when selling.

effectively a nice little money earner post the original build phase

I know all vendors are different but if all they want is £600 I'd be happy to take that on the chin should they come after me in the first 12months of building it. It's if they demand silly money I'd be pi$$ed!!