What is indemnity insurance?

Indemnity insurance covers legal costs and potential damages in lawsuits. It primarily protects professionals from financial loss due to negligence, errors, or omissions in their work. But it’s also relevant when buying and selling a house when an indemnity insurance policy covers a legal defect with the property that either can’t be resolved or would be very costly and/or time consuming to do so.

For example, if you are buying a property and the seller can’t provide a building regulation certificate, your conveyancing solicitor might suggest taking out an indemnity policy to cover potential costs in the future if your local authority pursues a claim because you don’t have the certificate.

However, indemnity insurance won’t cover the cost to repair or replace something. For example, if there was a policy in place because you didn’t have the installation certificate for a boiler it wouldn’t cover repair or replacement of the boiler. For this reason, it is always important when you are buying to have the property surveyed and installations checked by a competent contractor.

What does indemnity insurance cover? An indemnity insurance policy covers a legal defect with the property that either can’t be resolved or would be very costly and/or time consuming to do so. So, instead of trying to fix the problem, you simply take out the insurance to protect you against an expensive bill in the future.

Most things covered by these policies are very low risk but would be costly if they did occur.

How long does it take to get indemnity insurance? Obtaining indemnity insurance typically takes between 24 to 48 hours. However, the exact duration will vary depending on the complexity of the application and the insurer’s processing time. In some cases, a quote can be offered in a matter of minutes but if you need a bespoke policy and an underwriter needs to review it, it can take several days to arrange.

Common Indemnity Policies.

Restrictive Covenant Insurance Some older properties come with provisions within the deeds that limit the use of the property in some way. These are known as restrictive covenants. It could be that you can’t keep livestock, or you have to give your neighbours access to a well.

If previous owners have already breached the covenant you can still take out indemnity insurance. It will protect you if the breach causes problems in the future.

Planning Permission Insurance When a previous owner has made alterations to the property without planning permission or without proof that alterations were completed within the permitted development rights of the time, you could take out an indemnity policy. This would cover the risk of local authority enforcement. This kind of indemnity could also help if there are missing building regulation certificates.

In this scenario where building regulation certificates are missing, we would also recommend buyers get a building survey. Tell the surveyor about the issue and get them to make sure the building work is structurally safe.

Indemnity for a boiler If you are selling a home and can’t provide an installation certificate for your boiler you could get an indemnity policy to cover it. However, you may want to consider getting a gas safety certificate first – this will give more practical reassurance to your buyer about the safety of the boiler and avoids you having to pay out for indemnity insurance.

Equally, if you are buying, it is important to ensure the boiler is safe. Don’t just accept an indemnity policy. The insurance will not cover the cost of repairing or replacing the boiler.

Indemnity for windows When you have new windows or doors installed you should be provided with a FENSA certificate by the fitters. This is a legal requirement in England and Wales since 2002 and means they have been fitted in line with building regulations.

If you are missing FENSA certificates it is common practice to get an indemnity policy to protect you against any losses if your local authority takes enforcement action against you because the window installation doesn’t comply with building regulations.

You can find out more about the paperwork that should be handed over with our guide to documents you need to sell your house.

Other common reasons for indemnity insurance:

• Chancel repairs. Where a property is near a church the owner could be liable for costs if the church needs repairs. Indemnity insurance would cover those costs.
• Absence of easement. This is where you have to cross someone else’s land to reach your property. If the ‘right of easement’ (permission to travel over that land) hasn’t been granted, indemnity insurance protects you from loss of value.
• Insolvency. If someone has given you money to help with your deposit, you could need indemnity insurance. Because, if that person is ever declared bankrupt, their creditors could make a claim on your property. The insurance could protect you from lost value if this occurred.
• Absent freeholder. If you’re buying a house with an absent freeholder, your seller might offer to take out Absentee Landlord Indemnity insurance. This covers you against the risk of if the landlord or their successor reappears and makes a claim against you for unpaid obligations from your lease such as the ground rent. Many mortgage lenders will require you to get an Absent Landlord Indemnity Policy for them to consider lending to you.

Who is covered by indemnity insurance? An indemnity policy covers the person or people buying the property and their successors. If you are taking out a mortgage on the property, it also covers your lender.

Can you invalidate indemnity insurance? Have you taken out an indemnity insurance to protect you from a problem with your property? Be careful who you tell. It is a common clause in policies that you will invalidate it if you reveal the problem to a third party.

Let’s say you’ve taken out a policy to cover you for a building alteration that doesn’t have planning permission. If you then applied for retrospective planning permission, your insurance would be invalidated.

How much does indemnity insurance cost? The price of indemnity insurance varies. Both the value of your property and what the policy will cover will affect the premium. A one-off policy to cover a risk of chancel repairs could cost you a few pounds. But, an indemnity to cover building work that doesn’t have the right certificates could cost several hundred pounds. Typically, indemnity insurance costs between £20 to £300.

Sadly, this is one insurance policy where you can’t hit the comparison websites to find a better deal. Specialist insurance firms offer indemnity insurance. So, your solicitor or conveyancer will simply present you with a quote.

Who should pay? This is up for negotiation. Indemnity insurance benefits the new owner so there is an argument for the buyer footing the bill. Indeed, some houses have issues that have been there for years. Every new owner will assess the risk afresh and decide if they want the added protection of indemnity insurance.

In other cases, the issue may have been something the current owner has not done properly. In this case, there is an argument for the seller paying the insurance premium.

And at other times, negotiations mean the cost is split. Usually though, as the insurance is rectifying a problem that could stop the sale, the seller picks up the bill.

Can you pass on an existing policy to a new owner? Yes. You may have bought the indemnity insurance but it is tied to the property. This means you can hand it over to new owners who will continue to be protected by it.

However, if the property value increases, then you may have an additional premium to increase the cover. There is no fee for transferring the benefit of cover to the new owner.

NB. ALWAYS CONSULT A LAWYER BEFORE ENTERING INTO ANY LEGALLY BINDING CONTRACT