At times this will involve our claims team acting on behalf of the policyholder to argue a legal position in detail, or coordinating any remedial works required to comply with enforcement action. But as the following case studies show, sometimes our team are able to utilise their experience and expertise to resolve the claim quickly and effectively, without entering into costly and protracted negotiations with the local authority.
Out of the blue
In June 2023, we received an online enquiry for a Lack of Conservation Area Consent, Planning and Building Regulations policy to cover an existing, established conservatory which had been added to the front of a residential property in Wakefield. After considering the circumstances, we were happy to issue cover with a policy limit of £150,000 for a premium of £166.
Seven months later, in January 2024, the policyholder contacted our claims team after receiving a letter concerning an ‘unauthorised extension’ from the local authority. The letter invited them to make a planning application for the conservatory, and gave them just 14 days to respond to avoid enforcement action being taken. The policyholder was under the impression that the conservatory had been in place for more than 20 years, so they were confused as to why the council would suddenly be contacting them about it.
Having quickly established that the policyholder hadn’t made any changes to the conservatory, or had any other relevant communication with the local authority, our claims team got to work. Their aim was to prove that the conservatory had indeed been in place for at least ten years – long enough to be exempt from any breach of planning control enforcement action. Their research online found aerial photography which showed the extension was visible back as far as 1999, which was good news. Our team drafted an email for our policyholder to send to the planning officer, which explained that, as the conservatory was constructed at least 25 years ago, a planning application would not be necessary and that it was immune from enforcement action.
The team were mindful that this response might not be successful on its own. Further action could be required if the council chose to argue that there’s no time limit for planning enforcement for properties located in a conservation area. But they were delighted when the council replied, simply confirming that the works were indeed immune from formal action, and closed the case. What had initially seemed like a daunting situation for the policyholder, with a tight deadline imposed on them, was very quickly resolved by our team.
Eye in the sky
We took a similar approach on another claim we received, having issued a policy for a residential property in Leigh on Sea back in August 2014. During the conveyancing process, the solicitor acting for the purchaser realised that there was no evidence of planning permission for a conservatory that had been added to the property some years before. After considering the circumstances, we provided a Lack of Planning Permission and Building Regulations policy to protect the new owner against any future enforcement action, for £105 with a policy limit of £335,000.
In March 2024, almost ten years later, the policyholder contacted our claims team. They had received a letter from the local council, notifying them that the conservatory didn’t comply with Building Regulations, and outlining the works required to bring the structure up to standard.
The key difference between this claim and the previous case was that the communication from the council didn’t come completely out of the blue. The building control officer for the local authority had visited the property to sign off a new roof on the conservatory and subsequently raised wider issues with the structure itself in the letter to our policyholder. Our team’s first step was to ensure that the works carried out were essential repairs, which would be covered by the policy, rather than alterations being made to the conservatory, which would not. They quickly established that the works were necessary and that the policyholder had needed to replace the old roof with a lighter and more energy efficient version. As such, we were happy to handle the claim, and started to compile evidence that the conservatory had been in place long enough to be exempt from any enforcement action.
Using satellite imagery and aerial photography, we were able to establish that it had been built between 2003 and 2006. Next, we drafted a response for the policyholder to send to the building control officer, stating that as the conservatory had been in place for 18 years, it should be immune from the threatened action. While the team were confident that the structure itself was exempt, they were wary that the council might refuse to sign off the new roof until their wider concerns about the conservatory had been addressed.
Happily, a few weeks later the policyholder received a reply from the building control officer, who agreed that the structure was outside of the enforcement time frame, and that an application for Building Regulations consent would not have to be made. This was excellent news for the policyholder and for the team. One of the council’s requirements – to assess the adequacy of the foundations to support the conservatory’s roof – was still required. As that fell out of the scope of our cover, the policyholder was happy to deal with the council on this issue, and our team were able to close the claim.
In good hands
As both these cases demonstrate, local authorities threaten enforcement action more often than one would think, and sometimes many years after works have been completed. When they do, especially when the threat of enforcement seems to come out of the blue, it can be a daunting experience for a homeowner. They are often presented with a list of complicated demands to bring the works up to standard to secure retrospective consent, or risk having to remove the works if they can’t comply and suffer a resulting loss in property value. In these two cases, our team’s knowledge of what evidence to look for and where to find it meant that they were able to resolve the matters before they escalated further.
But even with their experience and expertise, it’s unusual to be able to resolve a claim quite so quickly. In both cases, the team were mindful of further steps that could be required, and prepared for how complex and time-consuming either situation could become. That’s why we work alongside our policyholders from the very start of any claim, to guide them step-by-step through what can often be a trying and worrying time, and to do our utmost to resolve the situation as quickly as possible.