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Indemnity Insurance

Landlord A to Z ยท Selling

โœ“ Written for landlords in Englandโœ“ Checked October 2026โœ“ Official sources namedโœ“ Not tax, legal or financial advice

When is indemnity insurance used in a property sale?

Indemnity insurance is a one-off policy that protects a buyer and their lender against the financial loss from a specific legal defect, such as missing building regulation approval or a breached covenant. It is a quick way to deal with historic problems in a sale, but it pays out only if the risk actually leads to a loss, and it is void if the issue is raised with the council.

Read more in our guide: Selling a problem property

Common indemnity policies

PolicyWhat it covers
Lack of building regulation consentEnforcement costs for unapproved works
Lack of planning permissionEnforcement for an unauthorised change or works
Breach of restrictive covenantClaims by those who benefit from a covenant
Lack of easementLoss of access or service rights
Chancel repairLiability to contribute to church repairs
Search indemnityLoss from matters a search would have revealed

How it works

The policy is bought once, usually by the seller, and benefits the buyer, their lender and future owners. Premiums are often modest, from tens to a few hundred pounds, depending on the property value and risk. It covers the loss in value or cost of putting things right if the risk materialises, not the fixing of the defect itself.

When it cannot be used

  • If the council or the person with the benefit of a covenant has already been contacted about the issue.
  • Where the defect is a safety risk, such as unsafe electrics or structural failure; insurance does not make a building safe.
  • Where the buyer's lender will not accept it.

Planning time limits

Councils cannot normally take planning enforcement action once a breach has existed long enough. Since 25 April 2024, the limit in England is 10 years for most breaches, replacing the old four-year rule for building works and changes of use to a dwelling. Breaches that became immune before that date stay protected. A policy can bridge any gap.

For rental property

HMO conversions, loft rooms and flats created without consent are common in older portfolios. Some issues are better fixed than insured: a missing licence, a fire safety gap or poor escape routes can expose a buyer to fines and rent repayment orders that insurance will not cover.

Official Sources and Further Reading

General information for landlords in England, checked against official sources in October 2026. It is not tax, legal or financial advice: speak to a qualified accountant or solicitor about your own circumstances.

Frequently Asked Questions

Indemnity insurance is a one-off policy that protects a buyer and their lender against the financial loss from a specific legal defect, such as missing building regulation approval or a breached covenant. It is a quick way to deal with historic problems in a sale, but it pays out only if the risk actually leads to a loss, and it is void if the issue is raised with the council.

Usually the seller, since the defect is theirs, but it is negotiable.

Yes. Some buyers, or their lenders, prefer the issue resolved, for example with a retrospective consent.

Often yes, through a regularisation application, but it alerts the council and may require opening up work for inspection.

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