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We look at some of the most common questions posed to our underwriters.

Q: What types of past works or installations can you cover under your Lack of Listed Building Consent policy?

A: The unauthorised, established works that we cover fit into three categories – replacement doors and windows, modest internal works, and typical external works like conservatories and small extensions. More recently, we have started receiving requests to cover EV chargers that have previously been installed to the outside of listed properties, without the necessary consent required – a trend we expect to see increase in the years to come.

As with all external works, we’re happy to provide cover for EV chargers, providing they have been in place for at least five years and are installed within the property’s boundaries in a sympathetic way. They should not be visible from the nearby road, nor should they be the subject of any dispute or contact with the local authority. 

Q: My clients are purchasing a plot on a new-build development, but their lender is now refusing to offer a mortgage because a Community Infrastructure Levy (CIL) charge hasn’t yet been paid by the developer. Can you provide a policy to offer the lender protection in case the developer defaults on payment and the local authority takes action?

A: Yes – our Community Infrastructure Levy policy is designed for exactly this scenario. Lenders often require cover when they are providing a mortgage for a property that is part of the early stages of a large, phased development subject to a CIL. In this scenario, the developer hasn’t paid the charge yet simply because it will be due at a later stage.

Our lender-only policy provides cover should enforcement action be taken by the local authority against individual property owners on the development due to non-payment of a CIL by the developer, and their borrower defaults on their mortgage, leaving them to pick up the payment demand. Our policy runs for the term of the mortgage. It covers the lender’s legal costs in defending the enforcement action taken, the costs in complying including any payment towards the outstanding charge, and in the worst-case scenario, it covers any shortfall in the outstanding debt under the mortgage following repossession, should the action reduce the market value of the property.

Q: Do you provide cover for missing or miscoloured freehold deed plans? 

A: We do! However, the type of cover required can depend on the specific issue and how the plan is being referred to in the title deed.

Our Missing/Illegible Deed Plan policy (available for both existing residential and commercial properties) can help in a number of scenarios. For example, the plan colouring could relate to the extent of a private access road over which rights were granted in the deed, but the rights are subsequently ineffective due to the lack of the correctly coloured plan. Alternatively, the deed may have reserved a right of way for neighbours to cross the property, but the route is unknown due to the lack of the coloured plan. Or it could be a case where restrictive covenants were imposed on part of the property, but it is unclear how the property is affected (and therefore if any covenants have been breached) due to the lack of the coloured deed plan.

Alternatively, if the deed plan identifying the extent of the property conveyed at the time is either missing or miscoloured, there's a risk that ownership of all or part of the property could be called into question. This significant title defect is not one that can be covered by our Missing/Illegible Deed Plan policy, but don’t worry, we can consider providing a suitable Defective Title policy covering challenges to ownership of the property.

Just give us a call on 01603 617617 and one of our underwriters will be happy to discuss how we can help. Alternatively, you can find more information on our products page under Missing Documents, or you can email enquiries@cli.co.uk.